Allowed

Kunwar Singh S/O Dharam Singh v. State of Rajasthan

Rajasthan HC19 Apr 2022CRLAS/101/2022

Case brief

AI extract

What is this about?

This single-bench Criminal Appeal allowed bail to the appellants convicted in an IPC and SC/ST Act case. The Court set aside the impugned order and directed their release upon furnishing a personal bond and two sureties.

What did the court decide?

Impugned order setting aside bail refused on 06.12.2021 set aside; accused released on bail upon furnishing personal bond of Rs. 50,000 and two sureties of Rs. 25,000 each.

Kunwar Singh S/O Dharam Singh Vs State of Rajasthan — Caste Atrocities | Rajasthan HC (2022)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Appeal No. 2093/2021

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Virendra @ Vireendra S/o Shri Deewan Singh, R/o Village Seupura Majra Gurdhadang, Police Thana Garhi Bajna, District Bharatpur (Rajasthan) (Presently In Central Jail, At Sewar, District Bharatpur)

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----Appellant

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Versus

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State Of Rajasthan, Through P.p

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Victim, D/o Hari Nath Ram r/o Pokara, Chandwak, Jaunpur (UP).

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----Respondents

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Connected With

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S.B. Criminal Appeal (Sb) No. 101/2022

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Kunwar Singh S/o Dharam Singh, Resident Village Seupura Majra Gurdadang, Police Station, Gadhibajna, District Bharatpur (Raj) (At Present Confined In Central Jail, Bharatpur)

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----Appellant

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Versus

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State Of Rajasthan, Through P.p

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Victim, D/o Hari Nath Ram r/o Pokara, Chandwak, Jaunpur (UP)

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----Respondents

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For Appellant(s) : Mr. Rajendra Sharma. For Respondent(s) : Mr. S.P. Sharma, PP.

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HON'BLE MR. JUSTICE FARJAND ALI

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Order

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19/04/2022

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The instant appeals have been filed under Section 14A(2)/14 of SC/ST (Prevention of Atrocities) Act on behalf of the appellants, who are in custody in connection with FIR No. 58/2021, Police Station Garhi Bajna, Bharatpur for the offences under Sections

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(2 of 3)

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[CRLAS-2093/2021]

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370, 379, 363, 366, 376D and 506 of IPC and Sections 3(1)(r), 3(1)(s) and 3(2)(v) of the SC/ST (Prevention of Atrocities) Act.

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The complainant/victim of this case has been informed about hearing of the bail plea but despite service none appeared on behalf of the complainant/victim.

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

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It is submitted by learned counsel for the appellants that they have nothing to do with the alleged offences, therefore, benefit of bail may be granted to the appellants. He further submits that the prosecutrix is a major girl and there is major discrepancy in her statement recorded under Section 164 Cr.P.C. and the report lodged at her behest. He further submits that the manner in which the incident is alleged to have taken place does not inspire confidence. Charge-sheet has been submitted.

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Per contra, learned Public Prosecutor opposed the bail applications.

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Having regard to the totality of facts and circumstances as available on record and upon a consideration of the arguments advanced, this Court is of the opinion that the appellants deserve to be enlarged on bail.

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Consequently, the instant appeals are allowed. The impugned order dated 06.12.2021 passed by the Special Judge, SC/ST (Prevention of Atrocities) Cases, Bharatpur is set aside. It is ordered that the accused-appellants- Virendra @ Vireendra S/o Shri Deewan Singh and Kunwar Singh S/o Dharam Singh arrested in connection with aforesaid FIR , shall be released on

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(3 of 3)

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[CRLAS-2093/2021]

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bail, if not wanted in any other case, provided each of them furnishes a personal bond of Rs. 50,000/- and two sureties of Rs. 25,000/- 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.

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(FARJAND ALI),J

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PREETI VALECHA /96-97

Kunwar Singh S/O Dharam Singh v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Kunwar Singh S/O Dharam Singh v. State of Rajasthan

Case brief

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