Allowed

Kalyan @ Kalyan Mal v. State of Rajasthan

Rajasthan HC31 May 2024CRLAS/843/2024

Case brief

AI extract

What is this about?

The High Court allowed the Special Criminal Appeal filed by an appellant against the rejection of his bail application. The Court quashed the impugned order granting bail to co-accused and ordered that the appellant be released on bail upon furnishing a personal bond and two surety bonds.

What did the court decide?

The accused-appellant shall be released on bail by furnishing a personal bond of Rs. 1,00,000/- and two sureties bond of Rs. 50,000/- each.

Kalyan @ Kalyan Mal Vs State of Rajasthan — Caste Atrocities | Rajasthan HC (2024)

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[2024:RJ-JD:25155]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Appeal (Sb) No. 843/2024

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Kalyan @ Kalyan Mal S/o Bheru Jat, Aged About 24 Years, R/o Ban Ka Kheda, Police Station Badliyas, District Bhilwara. (At Present Lodged In District Jail Bhilwara)

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----Appellant

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Versus

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State Of Rajasthan, Through Pp

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Shankar Lal Balai S/o Moda Ram Balai, R/o Barudani, Bigod, District Bhilwara.

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----Respondents

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For Appellant(s) : None present. For Respondent(s) : Mr. S.K. Bhati, PP

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HON'BLE MR. JUSTICE MANOJ KUMAR GARG

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Order

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31/05/2024

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Heard learned Public Prosecutor and perused the material available on record.

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The instant criminal appeal has been filed under Section 14 A (2) of SC/ST Act on behalf of the appellant, who is in custody in connection with FIR No.104/2023, Police Station Badliyas, District Bhilwara for the offences under 143, 341, 323, 354, 307, 379 & 120-B IPC and Sections 3(1)(r)(s), 3(1)(s)(w) and 3(2)(V) of SC/ST (Prevention of Atrocities) Act and against the order dated 18.05.2024 passed by learned Special Judge, SC/ST (Prevention of Atrocities Act) Cases, Bhilwara whereby the bail application preferred under Section 439 Cr.P.C. on behalf of the appellant was rejected.

[2024:RJ-JD:25155]

[CRLAS-843/2024]

(2 of 2)

From the perusal of the record it is found that that similar situated co-accused Kamlesh, Mukesh and Roshan Lal have already been granted bail and the case of present appellant is not distinguishable from that of co-accused. The accused-appellant is in judicial custody and the trial of the case will take sufficient long time to be concluded. Therefore, the benefit of bail should be granted to the accused-appellant.

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Learned Public Prosecutor has opposed the prayer for bail. Having regard to the entirety of facts and circumstances as available on record and upon a consideration of the arguments advanced at the bar, this Court is of the opinion that the order rejecting the application for bail filed on behalf of the appellant, cannot be sustained and deserves to be set aside.

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Consequently, the instant appeal criminal appeal is allowed. The impugned order dated 18.05.2024 passed by learned Special Judge SC/ST (Prevention of Atrocities Act) Cases, Bhilwara is set aside. It is ordered that the accused-appellant Kalyan @ Kalyan Mal S/o Bheru Jat arrested in connection with FIR No.104/2023, Police Station Badliyas, District Bhilwara shall be released on bail; provided he furnishes a personal bond of Rs.1,00,000/- and two sureties bond of Rs.50,000/- to the satisfaction of the learned trial court with the stipulation to appear before that court on all dates of hearing and as and when called upon to do so.

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(MANOJ KUMAR GARG),J

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5-Ishan/-

Kalyan @ Kalyan Mal v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Kalyan @ Kalyan Mal v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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