Allowed

Mahendra Singh @ Gaurav v. State of Rajasthan

Rajasthan HC29 Nov 2022CRLAS/1240/2022

Case brief

AI extract

What is this about?

The High Court allowed the S.C. Criminal Appeal against the Special Judge SC/ST order rejecting bail. The Court set aside the impugned bail rejection order and directed the accused to be released on bail upon furnishing appropriate bonds.

What did the court decide?

Impugned order of 26.07.2022 set aside; accused released on bail upon furnishing personal bond of Rs.1,00,000/- and two surety bonds of Rs.50,000/- each.

Mahendra Singh @ Gaurav Vs State of Rajasthan — Caste Atrocities | Rajasthan HC (2022)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

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JODHPUR

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S.B. Criminal Appeal (Sb) No. 1240/2022

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Mahendra Singh @ Gaurav S/o Arjun Singh, Aged About 20 Years, R/o Street No. 1, Subhash Nagar, P.S. Bhopalpura, Dist. Udaipur. (At Present Lodged In Central Jail, Udaipur).

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----Appellant

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Versus

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State Of Rajasthan

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Kuldeep S/o Rodilal Meghwal, R/o Semaliya, P.s. Dungala, Dist. Chittorgarh (Raj.).

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----Respondents

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For Appellant(s) : Mr.Anuj Sahlot, Adv. For Respondent(s) : Mr.A.R.Choudhary, PP Mr.Bhawani Singh, Adv. (for complainant)

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HON'BLE MR. JUSTICE MANOJ KUMAR GARG

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Order

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29/11/2022

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Heard learned counsel for the appellant as well as learned learned public prosecutor and perused the material available on record.

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The instant appeal has been filed under Section 14A (2) Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act on behalf of the appellant, who is in custody in connection with FIR No.133/2022, Police Station Bhopalpura, Distt. Udaipur for the offences under Sections 341, 323, 324, 307, 302 of IPC, Section 4/25 of Arms Act and Section 3(2)(V)(Va) of the SC/ST Act, against the order dated 26.07.2022 passed by the learned Special Judge SC/ST (Prevention of Atrocities) Cases, Udaipur in Criminal Misc. Case No.234/2022 whereby, the bail application preferred on behalf of the appellant under Section 439 Cr.P.C. was rejected.

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(2 of 2)

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[CRLAS-1240/2022]

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Learned counsel for the appellant submits that the name of the appellant has not been mentioned in the FIR and he has falsely been implicated subsequently on the basis of statement of socalled eyewitness. It is further contended that no recovery of weapon was made from the petitioner. Only a motorcycle said to have been recovered from the possession of the present petitioner. Challan of the case has already been presented and no investigation is pending. The appellant is in judicial custody and the trial of the case will take sufficient long time. Therefore, the benefit of bail may be granted to the accused-appellant.

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Learned Public Prosecutor has opposed the prayer for bail.

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Having regard to the entirety of facts and circumstances of the case and upon a consideration of the arguments advanced at the bar, this Court is of the opinion that the order rejecting the application for bail filed on behalf of the appellant, cannot be sustained and deserves to be set aside.

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Consequently, the instant appeal is allowed. The impugned order dated 26.07.2022 passed by the Special Judge SC/ST (Prevention of Atrocities) Cases, Udaipur is set aside. It is ordered that the accused appellant Mahendra Singh @ Gaurav S/o Arjun Singh shall be released on bail in FIR No.133/2022, Police Station Bhopalpura, Distt. Udaipur provided he furnishes a personal bond of Rs.1,00,000/- and two surety bonds 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.

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(MANOJ KUMAR GARG),J

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102-NK/-

Mahendra Singh @ Gaurav v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Mahendra Singh @ Gaurav v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

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