Allowed

Chetan v. State of Rajasthan

Rajasthan HC5 Oct 2021CRLAS/681/2021

Case brief

AI extract

What is this about?

The High Court at Jodhpur allowed the criminal appeal and quashed the impugned bail order dated 02.08.2021. The court held that the appellants should be enlarged on bail subject to furnishing a personal bond and sureties, with a stipulation to appear on subsequent dates.

What did the court decide?

Order dated 02.08.2021 quashed and set aside; appellants enlarged on bail subject to personal bond of Rs.50,000 and two sureties of Rs.25,000 each and stipulation to appear on subsequent dates.

Chetan 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. 681/2021

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Chetan S/o Banwari Lal, Aged About 24 Years, R/o Ward No. 36, Jaiprakash Colony, Hanumangarh Town, Police Station Hanumangarh Town, Tehsil And District Hanumangarh. (At Present Lodged In District Jail Hanumangarh)

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Yogesh S/o Banwari Lal, Aged About 22 Years, R/o Ward No. 36, Jaiprakash Colony, Hanumangarh Town, Police Station Hanumangarh Town, Tehsil And District Hanumangarh. (At Present Lodged In District Jail Hanumangarh)

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Avinash S/o Vedprakash, Aged About 22 Years, R/o Ward No. 36, Jaiprakash Colony, Hanumangarh Town, Police Station Hanumangarh Town, Tehsil And District Hanumangarh. (At Present Lodged In District Jail Hanumangarh)

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----Appellants

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Versus

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State Of Rajasthan 2. Vikas Valmiki S/o Mahendra, R/o Ward No. 19, Hanumangarh Town, Hanumangarh Rajasthan.

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----Respondents

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For Appellant(s)	:	Mr. Mridul Jain,Adv.
For Respondent(s)	:	Mr. Laxman Solanki,PP

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HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA Order

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05/10/2021

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The present criminal appeal under Section 14(A) of the SC/ST (Prevention of Atrocities) Act has been filed in connection with FIR No.127/2019 registered at Police Station Hanumangarh Town, District Hanumangarh for the offences under Sections 148,

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(2 of 2) [CRLAS-681/2021]

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302/149, 341/149, 323/149, 326/149 of IPC and Section 3(1) (s) and 3 (2) (v). Of SC/ST (Prevention of Atrocities) Act.

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Counsel for the appellant submits that the appellants have been falsely implicated in this matter. During trial, prosecution witnesses PW-1 Ajay@ Pawan Kumar, PW-2 Rahul, PW-3 Devendra, PW-4 Rajkumar, PW-5 Ramesh Kumar, PW-6 Ravidass, PW-7 Vikas and PW-8 Sunny@ Manmohan had not supported the story of prosecution. Similarly situated co-accused Banwari Lal and Ved Prakash were enlarged on bail by the co-ordinate bench of this Court and conclusion of trial will take time.

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Learned Public Prosecutor has opposed the appeal.

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Keeping in view the facts and circumstances of the case, it would be just and expedient to order the release of the appellants on bail.

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This appeal is allowed and the order dated 02.08.2021 passed by the learned Special Judge SC/ST (POA) Act cases, Hanumangarh is quashed and set-aside. It is directed that accused appellants Chetan S/o Banwari Lal, Yogesh S/o Banwari Lal and Avinash S/o Vedprakash shall be enlarged on bail provided each of them furnishes a personal bond in the sum of Rs.50,000/with two sureties of Rs.25,000/- 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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(NARENDRA SINGH DHADDHA),J

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105/Pravesh

Chetan v. State of Rajasthan

Case brief

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Chetan v. State of Rajasthan

Case brief

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