Allowed

Rajesh Kumar S/O Chittar Lal v. State of Rajasthan

Rajasthan HC6 May 2021CRLAS/661/2021

Case brief

AI extract

What is this about?

The High Court allowed a criminal appeal against an order rejecting a bail application under Section 439 Cr.P.C. in a case involving IPC offences and the SC/ST Act, quashing the impugned order and granting bail subject to security.

What did the court decide?

Quashed the order dated 30.01.2021; allowed appeal; directed release of accused appellants on bail with bond of Rs. 1,00,000 and two sureties of Rs. 50,000 each.

Rajesh Kumar S/O Chittar Lal Vs State of Rajasthan — Caste Atrocities | Rajasthan HC (2021)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Appeal No. 661/2021

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Rajesh Kumar S/o Chittar Lal, Resident Of Jhaliji Ka Barana, P.s. Gandoli, District Bundi Raj (At Present Confined In District Jail, Bundi (Raj)

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Ramvilas S/o Bhanwarlal, Resident Of Jhaliji Ka Barana, P.s. Gandoli District Bundi (Raj) (At Present Confined In District Jail, Bundi (Raj)

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Radhey Shyam Alias Radha Kishan S/o Chhitar Lal, Resident Of Jhaliji Ka Barana, P.s. Gandoli District Bundi (Raj) (At Present Confined In District Jail, Bundi (Raj)

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----Appellants

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Versus

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State Of Rajasthan, Through PP

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Devesh Kumar S/o Rambabu, Resident Of Jhaliji Ka Barana, P.s. Gandoli District Bundi (Raj)

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----Respondents

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For Appellant(s) : Mr. Govind Lal Choudhary through V.C.

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For Complainant(s) : Mr. Sudarshan Kumar Laddha through V.C. For State : Mr. Riyasat Ali, PP

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HON'BLE MR. JUSTICE PANKAJ BHANDARI

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Order

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06/05/2021

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Appellants have preferred this appeal aggrieved by order dated 30.01.2021 passed by Special Court SC/ST (POA) Cases, Bundi, whereby, bail application under Section 439 Cr.P.C. filed by the appellant was rejected.

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F.I.R. No. 248/2020 was registered at Police Station Gandoli District Bundi for offence under Sections 143, 323, 307, 504 of I.P.C. and Sections 3(2)(va) & 3(2)(v) SC/ST Act.

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(2 of 2) [CRLAS-661/2021]

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It is contended by counsel for the appellants that the injured has sustained only one injury on the head, which is caused by Kulhadi . Kulhadi has been recovered from Hanuman. As per the statement of the injured, Ramvilas has caused injury on his head by Kulhadi , whereas, there is recovery of Kulhadi from Hanuman. It is also contended that co-accused have been enlarged on bail. There is cross F.I.R.

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Learned Public Prosecutor and counsel for the complainant have opposed the appeal.

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I have considered the contentions.

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Considering the contentions put forth by counsel for the appellants, I deem it proper to allow the appeal. It is contended that petitioner along with other co-accused entered the premises and has caused the injury to the complainant side.

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The order dated 30.01.2021 passed by Special Court SC/ST (POA) Cases, Bundi is quashed and set-aside and this appeal is accordingly allowed and it is directed that accused appellants shall be released on bail provided each of them furnishes a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac only) together with two sureties in the sum of Rs.50,000/- (Rupees Fifty Thousand only) each to the satisfaction of the learned trial court with the stipulation that they shall appear before that Court and any court to which the matter is transferred, on all subsequent dates of hearing and as and when called upon to do so.

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(PANKAJ BHANDARI),J

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AMIT KUMAR /57

Rajesh Kumar S/O Chittar Lal v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Rajesh Kumar S/O Chittar Lal v. State of Rajasthan

Case brief

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What did the court decide?

What the court decided

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