High Court dismissed special bail appeals against the Special Judge Udaipur's order rejecting bail. Bench held investigation was complete, evidence linked appellants to the incident, and distinguished their case from a co-accused.
Bail applications dismissed; appeals against bail rejection rejected.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Appeal No. 213/2021
Lalit Singh @ Lucky S/o Shri Manohar Sing, Aged About 28 Years, By Caste Rajput, R/o Bamniya Thana, District Jabuva (M.p.). At Present P.s. Babwas Pratapnagar, Udaipur. (Presently Lodged In Central Jail Udaipur).
----Appellant
Versus
----Respondents
Connected With
S.B. Criminal Appeal (Sb) No. 164/2021
Sanjay Sharma @ Sonu S/o Sh. Shyam Lal Sharma, Aged About 27 Years, R/o Sindhiyo Ka Badgaon, Presently Residing At A-9, Shiv Nagar, Dakshini Sundarwas, P.s. Pratapnagar, Dist. Udaipur. (At Present Lodged In Central Jail, Udaipur).
----Appellant
Versus
----Respondents
For Appellant(s) : Mr. Mridul Jain For Respondent(s) : Mr. SK Bhati, PP Mr. JVS Deora
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
10/03/2021
In wake of onslaught of COVID-19, abundant caution has been taken while hearing the matter in the Court.
(2 of 2)
[CRLAS-213/2021]
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’) has been filed on behalf of the appellants being aggrieved with the order dated 27.01.2021 passed by the learned Special Judge SC/ST Act, Udaipur whereby the trial court has dismissed the bail application filed on behalf of the appellants.
Learned counsel for the appellants has drawn attention of this Court towards the statement of Anil who has turned hostile and thus learned counsel for the appellants submits that theseare the fit case for grant of bail to the appellants.
Learned Public Prosecutor and learned counsel for the complainant has shown from the record that the investigation was done and on the call details, the recovery was made at the instance of the present appellants and the CCTV coverage establishing the link of the present appellants is also on record. The appeals of the present appellants are not at par with the bail application of the co accused Nilesh Gurjar because he was not attributed with the actual killing though he was accompanied.
The Appeals, are, therefore, dismissed.
(DR.PUSHPENDRA SINGH BHATI),J.
ns. 284-1-285/-
1 issue framed by the court
Whether the bail applications of the appellants, who have turned hostile accusers in custody, should be allowed under the SC/ST Act.
1 provisions across 1 enactments
Lalit Singh @ Lucky
Sanjay Sharma @ Sonu
State Of Rajasthan
Smt. Amba Bai
Dr. Pushpendra Singh Bhati
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
