Allowed

Subhash @ Kalu S/O Shri Pratap Singh v. State of Rajasthan

Rajasthan HC1 Dec 2022CRLAS/1220/2022

Case brief

AI extract

What is this about?

The High Court allowed special bail appeals filed under Section 14-A(2) of the SC/ST Act by two appellants. The Court set aside impugned orders rejecting bail and directed their release, requiring personal bonds and sureties to the trial court.

What did the court decide?

The impugned orders were set aside and the accused-appellants were ordered to be released on bail by furnishing a personal bond of Rs. 50,000/- and two sureties of Rs. 25,000/- each.

Subhash @ Kalu S/O Shri Pratap 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. 1220/2022

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Subhash @ Kalu S/o Shri Pratap Singh, Aged About 28 Years, Resident Of Ward No 32, Near Of Bukar Farm House, Byepass Road Chirawa, Police Station Chirawa, District Jhunjhunu (Rajasthan) (Presently Confined In District Jail, Jhunjhunu)

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----Appellant

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Versus

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State Of Rajasthan, Through Public Prosecutor

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Bhem Singh S/o Shri Kishan Lal, Resident Of Goshala Kea Age, Ward No. 35, Chirawa, Jhunjhunu Raj

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----Respondents

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Connected With

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S.B. Criminal Appeal (Sb) No. 1127/2022

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Bhuvnesh @ Som S/o Kishorilal, Aged About 26 Years, Resident Of Ward No. 34, Vidhayak Nagar, Kasba Chirawa, Police Station Chirawa, District Jhunjhunu (Raj) (At Present Confined In District Jail, Jhunjhunu)

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----Appellant

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Versus

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State Of Rajasthan, Through P.P

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Bhem Singh S/o Kishanlal, Resident Of Goshala Ki Aage, Ward N. 35, Chirawa, District Jhunjhunu (Raj)

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----Respondents

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For Appellant(s) : Mr. Pankaj Agarwal, Advocate Mr. M.K. Kaushik, Advocate with Mr. Deepak Sharma, Advocate For Respondent(s) : Mr. Rajendra Yadav, Government Advocate-cum-Additional Advocate General Mr. Ajay Verma, Advocate on behalf of Mr. S.K. Budania, Advocate for complainant.

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HON'BLE MR. JUSTICE CHANDRA KUMAR SONGARA

Order

(2 of 3)

[CRLAS-1220/2022]

01/12/2022

These instant appeals have been filed under Section 14-A(2) of the SC/ST (Prevention of Atrocities) Act on behalf of the appellants, who are in custody in connection with FIR No.130/2022, registered at Police Chirawa, District Jhunjhunu for the offences under Sections 143, 341, 323, 307 & 302 of IPC and Sections 3(2)(v) & 3(2)(va) of the SC/ST (Prevention of Atrocities) Act against the orders dated 29.06.2022 & 23.06.2022 passed by the Special Judge, SC/ST (Prevention of Atrocities) Cases, Jhunjhunu, whereby, the bail applications preferred under Section 439 Cr.P.C. on behalf of the appellants were rejected.

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Learned counsel for the appellants submits that there is only one injured eye-witness namely, Yeshwant and he has stated that the deceased-Sandeep sustained injuries caused by Jalkesh Yogi with stones. As per post-mortem report of the deceasedSandeep, cause of death is ante-mortem neck injuries. As per injury & X-ray reports of Yeshwant, all of his injuries are simple in nature caused by blunt weapon. Learned counsel further submits that nothing has been recovered from the appellants and they are behind the bars since 19.03.2022. Learned counsel further submits that the appellant-Subhash @ Kalu has no criminal antecedents and the appellant-Bhuvnesh @ Som has criminal antecedents of one case and he is on bail in that case. Learned counsel also submits that the charge-sheet has already been filed. Hence, appeals of the accused-appellants may kindly be allowed.

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Learned Government Advocate as well as learned counsel for the complainant has strongly opposed the appeals.

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(3 of 3)

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[CRLAS-1220/2022]

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Heard learned counsel and perused the material available on record.

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Considering the submissions made by learned counsel for the appellants and the facts and circumstances of the case, but without expressing any opinion on the merits/demerits of the case, this Court is of opinion that the appellants deserve to be enlarged on bail.

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Consequently, the instant appeals are allowed. The impugned orders dated 29.06.2022 & 23.06.2022 passed by the Special Judge, SC/ST (Prevention of Atrocities) Cases, Jhunjhunu (Raj.) are set aside. It is ordered that the accused-appellants Subhash @ Kalu S/o Shri Pratap Singh and Bhuvnesh @ Som S/o Kishorilal arrested in connection with F.I.R. No.130/2022 registered at Police Station Chirawa, District Jhunjhunu shall be released on bail; provided each of them furnishes a personal bond in the sum of Rs.50,000/- with two sureties in the sum 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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(CHANDRA KUMAR SONGARA),J

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Ashish Kumar /3-4

Subhash @ Kalu S/O Shri Pratap Singh v. State of Rajasthan

Case brief

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Subhash @ Kalu S/O Shri Pratap Singh v. State of Rajasthan

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