Allowed

Raghuveer Singh v. State of Rajasthan

Rajasthan HC1 Sept 2021CRLAS/509/2021

Case brief

AI extract

What is this about?

The High Court of Rajasthan allowed the special bail appeal filed by the appellant under Section 14-A(1) of the SC/ST Act, setting aside the trial court order rejecting bail. The appellant was released on bail with a personal bond of Rs. 50,000 and two sureties.

What did the court decide?

The order dated 21.05.2021 dismissing bail was set aside and the appellant directed to be released on bail subject to a personal bond of Rs. 50,000 and two sureties.

Raghuveer Singh Vs State of Rajasthan — Caste Atrocities | Rajasthan HC (2021)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Appeal No. 509/2021

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Raghuveer Singh S/o Prem Singh, Aged About 18 Years, R/o Aadarwara P.s. Raniwara, Distrct Jalore (Raj.). (Presently Lodged At District Jail Jalore).

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----Appellant

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Versus

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State Of Rajasthan, Through Pp

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Sharwan Kumar S/o Meharu Garg, R/o Aadarwada, Raniwara, District Jalore (Raj.).

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----Respondents

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For Appellant(s) : Mr. Kunal Kalla For Respondent(s) : Mr. Mukesh Trivedi, PP Mr. Nishant Bora

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HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

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Order

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01/09/2021

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In wake of second surge in the COVID-19 cases, abundant caution is being maintained, while hearing the matters in Court, for the safety of all concerned.

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This criminal appeal under Section 14(A)(1) 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 appellant being aggrieved with the order dated 21.05.2021 passed by the learned Special Judge, SC/ST Act Cases Court, Jalore (hereinafter to be referred as ‘trial court’) in Criminal Misc. Case No.64/2021 (CIS No.275/2021), whereby the trial court has dismissed the bail application filed on behalf of the appellant.

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(2 of 3)

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[CRLAS-509/2021]

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The appellant has been arrested in FIR No.174/2020 of Police Station Raniwara, Jalore for the offences punishable under Sections 341, 307 & 34 of IPC and Sections 3(1)(R)(S) and 3(2)V) of SC/ST Act.

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Learned counsel for the petitioner submits that similarly situated person Jitendra Singh has already been granted bail by a coordinate Bench of this Court passed in S.B. Criminal Appeal No.124/2021 vide order dated 25.08.2021.

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Learned counsel for the petitioner further submits that main allegation was upon Jitendra Singh as per the statement of PW-1 Sharwan, who is the injured witness. Learned counsel for the petitioner further submits that the petitioner's case is at better pedestal than that of Jitendra Singh. He further submits that the petitioner is in custody since 20.10.2020.

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Learned Public Prosecutor opposes the appeal but is unable to refute that the level of charges against the present petitioner and co-accused Jitendra Singh are of different levels.

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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 appellant under Section 14-A(1) of SC/ST Act.

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Accordingly, this criminal appeal filed under Section 14(A)(1) of SC/ST Act is allowed and the order dated 21.05.2021 passed by the learned Special Judge, SC/ST Act Cases Court, Jalore in Criminal Misc. Case No.64/2021 (CIS No.275/2021) is set aside. It is directed that appellant – Raghuveer Singh S/o Prem Singh shall be released on bail in connection with FIR No.174/2020 of Police Station Raniwara, Jalore provided he executes a personal bond in a sum of Rs.50,000/- with two sound and solvent sureties

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(3 of 3)

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[CRLAS-509/2021]

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of Rs.25,000/- each to the satisfaction of learned trial court for his 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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113-Sudheer/-

Raghuveer Singh v. State of Rajasthan

Case brief

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Raghuveer Singh v. State of Rajasthan

Case brief

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