Allowed

Dilip Singh Bhati v. State

Rajasthan HC27 Jan 2021CRLAS/1021/2020

Case brief

AI extract

What is this about?

The High Court allowed a special criminal appeal filed under the SC/ST (PA) Act. Setting aside the Special Court's bail rejection, the Court granted bail to the appellants, noting the FIR was lodged after a brief delay and investigation was complete, directing them to furnish personal and surety bonds.

What did the court decide?

Bail granted to the accused-appellants, directed to furnish a personal bond of Rs. 50,000/- and two surety bonds of Rs. 25,000/- each.

Dilip Singh Bhati Vs State — Bail and Remand | Rajasthan HC (2021)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

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JODHPUR

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S.B. Criminal Appeal No. 1021/2020

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Dilip Singh Bhati S/o Shri Girdhari Singh Bhati, Aged About 21 Years, By Caste Rajput, R/o Badi Sare, Police Station Sukher, District Udaipur. (At Present Lodged In Central Jail Udaipur).

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Mahendra Singh Bhati S/o Shri Kesar Singh Bhati, Aged About 27 Years, By Caste Rajput, R/o Sare Kala, Police Station Sukher, District Udaipur. (At Present Lodged In Central Jail Udaipur).

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----Appellants

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Versus

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State, Through P.p.

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Vikram Salvi S/o Shri Kanhya Lal Salvi, 52 Krishna Colony, Sector No. 09, Savina, Udaipur.

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----Respondents

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For Appellant(s) : Mr.JVS Deora. For Respondent(s) : Mr.A.R.Godara, P.P.

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HON'BLE MR. JUSTICE SANDEEP MEHTA

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Judgment

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27/01/2021

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Heard learned counsel for the appellants and learned Public Prosecutor. Perused the material available on record.

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The instant appeal has been filed under Section 14A(2) SC/ST (PA) Act on behalf of the appellants, who are in custody in connection with F.I.R. No.317/2020, Police Station Sukher, District Udaipur for the offences under Sections 332, 353 & 394 IPC and Sections 3(1)(r) and 3(2)(va) of the SC/ST (PA) Act against the order dated 21.11.2020 passed by the Special Judge, SC/ST (PA) Cases, Udaipur whereby, the bail application preferred under

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(2 of 2)

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[CRLAS-1021/2020]

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Section 439 Cr.P.C. on behalf of the appellants was rejected.

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Having regard to the facts and circumstances of the case and considering the fact that the F.I.R. came to be lodged after a delay of three days and as investigation is complete and charge-sheet has been submitted against the appellants, this Court is of the opinion that the appellants deserved indulgence of bail. Hence, the order rejecting the application for bail filed on behalf of the appellants, cannot be sustained and deserves to be set aside.

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Consequently, the instant appeal is allowed. The impugned order dated 21.11.2020 passed by the Special Judge, SC/ST (PA) Act Cases, Udaipur is set aside. It is ordered that the accusedappellants, viz. Dilip Singh Bhati and Mahendra Singh Bhati arrested in connection with F.I.R. No.317/2020, Police Station Sukher, District Udaipur shall be released on bail; provided each of them furnishes a personal bond of Rs.50,000/- and two surety bonds of Rs.25,000/- each 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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(SANDEEP MEHTA),J

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/tarun goyal/ 69

Dilip Singh Bhati v. State

Case brief

What is this about?

What did the court decide?

Dilip Singh Bhati v. State

Case brief

What is this about?

What did the court decide?

What the court decided

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