Allowed

Ranjeet Kumar v. State

Rajasthan HC8 Dec 2020CRLAS/640/2020

Case brief

AI extract

What is this about?

The High Court allowed appeals filed under Section 14A of the SC/ST Act against an order rejecting bail. Based on the totality of evidence, including the prosecutrix's inability to positively identify the accused, the court quashed the rejection order.

What did the court decide?

Appeal allowed; order dated 21.07.2020 rejected is set aside; appellants released on bail on personal bond of Rs. 50,000/- with two sureties of Rs. 25,000/each.

Ranjeet Kumar Vs State — Caste Atrocities | Rajasthan HC (2020)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Appeal No. 640/2020

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Ranjeet Kumar S/o Chhagan Lal Ji, Aged About 40 Years, By Caste Purohit, R/o Asava, Tehsil Reodar, District Sirohi (Raj.). (In Judicial Custody At District Jail, Sirohi).

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----Appellant

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Versus

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State, Through P.p.

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Bhagwana Ram @ Bhaga Ram S/o Rupa Ram, Hadmatiya, Asava, Tehsil Reodar, District Sirohi (Raj.).

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----Respondents

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Connected With

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S.B. Criminal Appeal (Sb) No. 641/2020

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Vijay Kumar S/o Shri Amra Ram, Aged About 27 Years, By Caste Choudhary Kalbi, R/o Asawa, Tehsil Reodar, District Sirohi. (Confined In District Jail, Sirohi).

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----Appellant

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Versus

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State, Through P.p.

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Bhagwana Ram @ Bhagga Ram S/o Roopa Ram, By Caste Koli, R/o Hadmatiya, Anadara Police Station, District Sirohi.

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----Respondents For Appellant(s) : Mr. Pradeep Choudhary & Mr. B.S. Rathore, on VC For Respondent(s) : Mr. Mahipal Bishnoi, PP

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HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

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Order

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08/12/2020

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In wake of onslaught of COVID-19, lawyers have been advised to refrain from coming to the Courts.

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(2 of 3)

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[CRLAS-640/2020]

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These criminal appeals under Section 14A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter to be referred as 'the SC/ST Act’) have been filed on behalf of appellants being aggrieved with the order dated 21.07.2020 passed by the learned Special Judge, SC/ST Act Cases, Sirohi (hereinafter to be referred as ‘trial court’) in Criminal Misc. Case No.290/2020, whereby the trial court has dismissed the bail application filed on behalf of the appellants.

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The appellants have been arrested in FIR No.25/2020 of Police Station Anadara, District Sirohi for the offences punishable under Sections 376, 307, 328 IPC and Sections 3(2)(v) of SC/ST Act.

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Counsel for the appellant has drawn attention of this Court to the evidence rendered by prosecutrix as PW-3.

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Counsel for the appellant further points out that the prosecutrix said that she could not properly recognize the persons who committed rape as she could not see the persons. She has not given any reason for Ranjeet Kumar instigating her to commit suicide and her statement do not induce confidence of this Court for continuing custody of the appellants.

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Heard learned counsel for the parties and perused the material available on record.

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Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, this Court deems it just and proper to allow the appeal filed by the accused appellants under Section 14-A of SC/ST Act.

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Accordingly, these criminal appeals filed under Section 14-A of SC/ST Act is allowed and the order dated 21.07.2020 passed by the learned Special Judge, SC/ST Act Cases, Sirohi in Criminal

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(3 of 3)

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[CRLAS-640/2020]

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Misc. Case No.290/2020 is set aside. It is directed that appellants – (1) Ranjeet Kumar S/o Chhagan Lal Ji and (2) Vijay Kumar S/o Shri Amra Ram shall be released on bail in connection with FIR No.25/2020 of Police Station Anadara, District Sirohi provided each of them executes a personal bond in a sum of Rs.50,000/- with two sound and solvent sureties of Rs.25,000/each to the satisfaction of learned trial court for their appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.

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(DR.PUSHPENDRA SINGH BHATI),J.

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87-88 Sanjay/-

Ranjeet Kumar v. State

Case brief

What is this about?

What did the court decide?

Ranjeet Kumar v. State

Case brief

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What did the court decide?

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