Allowed

Tarun Vaishnav v. State of Rajasthan

Rajasthan HC2 Sept 2021CRLAS/657/2021

Case brief

AI extract

What is this about?

Appeals against bail rejection were filed under Section 14A of the SC/ST Act. The High Court allowing the appeals set aside the lower court order and granted bail, directing appellants to furnish personal bonds with sureties.

What did the court decide?

The impugned bail rejection orders dated 17.06.2021 were set aside; appellants released on bail by furnishing personal bonds of Rs. 50,000/- each with one surety of Rs. 50,000/- each.

Tarun Vaishnav Vs State of Rajasthan — Bail and Remand | Rajasthan HC (2021)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

¶2

S.B. Criminal Appeal No. 657/2021

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Tarun Vaishnav S/o Ramesh Vaishnav, Aged About 29 Years, Ambedkar Colony Kaliberi, Ps Sursagar, Dis. Jodhpur (At Present Lodge In Central Jail Jodhpur).

¶4

Sahiram @ Sawairam S/o Gewar Ram, Aged About 25 Years, Dhoro Ki Dhani, Fatehsagar Pilva, Ps Lohawat Presently Resident Of Ambedkar Colony Kaliberi, Ps Sursagar, Dis. Jodhpur (At Present Lodge In Central Jail Jodhpur).

¶5

Gangeswar @ Raj S/o Rewatram, Aged About 25 Years, Ketuham Ps Shergarh Dist. Jodhpur. Presently R/o Ambedkar Colony Kaliberi, Ps Sursagar, Dis. Jodhpur (At Present Lodge In Central Jail Jodhpur).

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----Appellants

¶7

Versus

¶8

State Of Rajasthan, Through Pp

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Gomati W/o Ashok Kumar Meghwal, Aged About 25 Years, Rajbagh Ps Soorsagar, Jodhpur.

¶10

----Respondents

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Connected With

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S.B. Criminal Appeal (Sb) No. 650/2021

¶13

Praveen Oad @ Vikram Singh S/o Nar Singh, Aged About 25 Years, Ambedkar Colony Kaliberi, Ps Sursagar (At Present Lodged In Central Jail, Jodhpur).

¶14

----Appellant

¶15

Versus

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State Of Rajasthan, Through Pp

¶17

Gomati W/o Ashok Kumar Meghwal, Rajbagh Ps Soorsagar Jodhpur.

¶18

----Respondents

¶19

For Appellant(s) : Mr. Dhan Raj Vaishnav For Respondent(s) : Mr. S.K. Bishnoi, PP

¶20

HON'BLE MR. JUSTICE RAMESHWAR VYAS

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Judgment

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02/09/2021

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These appeals have been filed under Section 14A SC/ST

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(PA) Act on behalf of the appellants, who are in custody in

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(2 of 3)

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[CRLAS-657/2021]

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connection with FIR No.0109/2021, Police Station Soorsagar, District Jodhpur for the offences under Sections 341, 323, 324 & 308/34 IPC & Section 3 (1) (r) (s), 3(2) (va) SC/ST Act against the order dated 17.06.2021 passed by the learned Sessions Judge No.04, Jodhpur Metorpolitan, whereby, the bail applications preferred under Section 439 Cr.P.C. on behalf of the appellants were rejected.

¶28

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

¶29

Copy of the notice duly served upon respondent No.2 is taken on record, produced by the learned Public Prosecutor.

¶30

Learned counsel for the appellants submits that as per medical report of the injured Ashok Kumar, injuries are not shown as dangerous to life. No sharp weapon has been used in this incident. As per list of criminal antecedents, one case registered against the appellant Tarun is of the year 2013, one case against Sahiram is of the year 2018 and against Gangeshwar last case registered is of the year 2018. Appellants are behind the bar since June, 2021 and trial may take time to complete its conclusion. Learned counsel for the appellant submits that accused may be enlarged on bail.

¶31

Learned Public Prosecutor has opposed the instant appeal.

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(3 of 3)

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[CRLAS-657/2021]

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Having regard to the facts and circumstances of the case, this Court is of the opinion that the appellants (1) Tarun Vaishnav S/o Ramesh Vaishnav, (2) Sahiram @ Sawairam S/o Gewar Ram & (3) Gangeswar @ Raj S/o Rewatram in S.B. Criminal Appeal No.657/2021 and (1) Praveen Oad @ Vikram Singh S/o Nar Singh in S.B. Criminal Appeal (Sb) No.650/2021, deserves indulgence of bail. Hence, the order rejecting the applications for bail filed on behalf of the appellants, cannot be sustained and deserves to be set aside.

¶35

Consequently, the instant appeals are allowed. The impugned order dated 17.06.2021 passed by the learned Sessions Judge No.04, Jodhpur Metorpolitan is set aside. It is ordered that the appellants (1) Tarun Vaishnav S/o Ramesh Vaishnav, (2) Sahiram @ Sawairam S/o Gewar Ram & (3) Gangeswar @ Raj S/o Rewatram in S.B. Criminal Appeal No.657/2021 and (1) Praveen Oad @ Vikram Singh S/o Nar Singh in S.B. Criminal Appeal (Sb) No.650/2021 arrested in connection with FIR No.0109/2021, Police Station Soorsagar, District Jodhpur shall be released on bail, provided each of them furnishes a personal bond of Rs.50,000/- with one surety of Rs.50,000/- 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.

¶36

(RAMESHWAR VYAS),J

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159-160/AnilKC/-

Tarun Vaishnav v. State of Rajasthan

Case brief

What is this about?

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Tarun Vaishnav v. State of Rajasthan

Case brief

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