Allowed

Madan Kumar v. State of Rajasthan

Rajasthan HC7 Dec 2022CRLAS/1405/2022

Case brief

AI extract

What is this about?

In this S.B. Criminal Appeal under Section 14-A(1) of the SC/ST Prevention of Atrocities Act, the single Judge of the Rajasthan High Court at Jodhpur set aside the order rejecting bail for the appellant. Finding that specific allegations existed against a co-accused for the fatal head injury while the appellant faced only omnibus allegations, the Court held the bail rejection unsustainable and dir

What did the court decide?

Impugned bail rejection order dated 07.05.2022 set aside; appellant Madan Kumar released on personal bond of Rs.1,00,000/- and two surety bonds of Rs.50,000/- each.

Madan Kumar Vs State of Rajasthan — Caste Atrocities | Rajasthan HC (2022)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Appeal No. 1405/2022

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Madan Kumar S/o Sh. Bala Ram, Aged About 24 Years, B/c Jat, R/o Village - Godaron-Ki-Dhani, Rawatsar, Police Station Sadar, Barmer, District Barmer (Raj.) (Presently Lodged In District Jail, Barmer)

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----Appellant

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Versus

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State Of Rajasthan, Through Pp

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Dhana Ram S/o Sh. Choga Ram, Aged About 20 Years, B/ c Kalbeliya, R/o Village Bhachbhar, Police Station And Tehsil Ramsar, District Barmer (Raj.)

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----Respondents

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For Appellant(s)	:	Mr. Pradeep Kumar Shah assisted by Mr. C.S. Rathore
For Respondent(s)	:	Mr. S.K. Mehar, PP Ms. Khushboo Vyas

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HON'BLE MR. JUSTICE MANOJ KUMAR GARG

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Order

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07/12/2022

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Heard the learned counsel for the parties and perused the material available on record.

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The instant appeal has been filed under Section 14-A(1) of SC/ST (Prevention of Atrocities) Act on behalf of the appellant, who is in custody in connection with FIR No.70/2022, Police Station Barmer Rural, District Barmer for the offences under Sections 364, 302 R/w 120-B of IPC and Section 3(2)(V) of SC/ST (Prevention of Atrocity) Act against the order dated 07.05.2022 passed by learned Special Judge, Schedule Caste & Schedule Tribes (Prevention of Atrocities) Act Cases, Barmer whereby the

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(2 of 3)

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[CRLAS-1405/2022]

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bail application preferred under Section 439 Cr.P.C. on behalf of the appellant was rejected.

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Counsel for the appellant submits that specific allegation has been made by the witnesses against co-accused Sawai Ram, who inflicted head injury to the deceased and cause of death is head injury. Challan of the case has already been presented and no investigation is pending. The accused-appellant is in judicial custody and the trial of the case will take sufficient long time to be concluded. Therefore, the benefit of bail should be granted to the accused-appellant.

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Learned Public Prosecutor opposed the prayer for bail but learned counsel for the complainant submits that she has no objection if benefit of bail is granted to the petitioner.

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Having regard to the entirety of facts and circumstances as available on record and upon a consideration of the arguments advanced at the bar, according to the statement of witnesses, specific allegation has been made against co-accused Sawai Ram and only omnibus allegation has been levelled against the present appellant, therefore, 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 07.05.2022 passed by learned Special Judge, Schedule Caste & Schedule Tribes (Prevention of Atrocities) Act Cases, Barmer is set aside. It is ordered that the accusedappellant Madan Kumar S/o Sh. Bala Ram, arrested in connection with FIR No.70/2022, Police Station Barmer Rural, District Barmer shall be released on bail; provided he furnishes a personal bond of

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(3 of 3) [CRLAS-1405/2022]

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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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151-raksha/-

Madan Kumar v. State of Rajasthan

Case brief

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Madan Kumar v. State of Rajasthan

Case brief

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