Allowed

Jethu Singh v. State of Rajasthan

Rajasthan HC3 Nov 2022CRLAS/1645/2022

Case brief

AI extract

What is this about?

The High Court allowed S.B. Criminal Appeal, setting aside Special Judge's order rejecting bail under Section 439 Cr.P.C. The court directed the release of all accused-appellants in an SC/ST atrocity case upon furnishing a personal bond of Rs. 1 lakh and two surety bonds of Rs. 50,000 each.

What did the court decide?

Impugned order dated 11.10.2022 set aside; appellants released on bail subject to provision of personal bond of Rs. 1,00,000 and two surety bonds of Rs. 50,000 each.

Jethu Singh 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. 1645/2022

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Jethu Singh S/o Gulab Singh Rajput, Aged About 42 Years 2. Bakshu Singh S/o Kundan Singh Rajput, Aged About 26 Years

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Bharat Singh @ Pintu Singh S/o Mandan Singh Rajput, Aged About 35 Years

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Dharmesh @ Dharma Lal S/o Mangi Lal Salvi, Aged About 27 Years All R/o Devaji Ka Guda, Police Station Amet, District Rajsamand.

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(At Present Lodged In District Jail, Rajsamand)

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----Appellants

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Versus

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State Of Rajasthan, Through PP

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Mukesh S/o Mohan Lal, R/o Devaji Ka Guda, Police Station Amet, District Rajsamand.

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----Respondents

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For Appellant(s) : Mr. Vikram Singh For Respondent(s) : Ms. Anita Gehlot, Public Prosecutor Mr. Kuldeep Singh, for the respondent no.2

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HON'BLE MR. JUSTICE MANOJ KUMAR GARG Order

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03/11/2022

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The instant appeal has been filed under Section 14-A(2) of SC/ST (Prevention of Atrocities) Act, on behalf of the appellants, who are in custody in connection with FIR No. 272/2022, Police Station Amet, District Rajsamand, for the offences under Sections 341, 323, 365, 120B of IPC, Sections 3(1)(r)(s) and 3(2)(va) of SC/ST Act against the order dated 11.10.2022 passed by the learned Special Judge, Scheduled Caste / Scheduled Tribe (Prevention of Atrocities) Act Cases, Rajsamand whereby, the bail application preferred under Section 439 Cr.P.C. on behalf of the appellants was rejected.

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Counsel for the appellants submits that the injured received grievous injury on his non-vital part of the body and accused-appellants

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(2 of 2)

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[CRLAS-1645/2022]

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are in judicial custody and the trial of the case will take sufficient long time to be concluded. Counsel further submits that the learned court below has grossly erred in law and facts as well in declining to release the appellants on bail. Therefore, it is prayed that the benefit of bail should be granted to the accused-appellants.

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Learned Public Prosecutor as also learned counsel for the respondent no.2 have vehemently opposed the prayer for bail.

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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, this Court is of the opinion that the order rejecting the application for bail filed on behalf of the appellants, cannot be sustained and deserves to be set aside.

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Consequently, the instant appeal is allowed. The impugned order dated 11.10.2022 passed by the learned Special Judge, Scheduled Caste/Scheduled Tribe (Prevention of Atrocities) Act Cases, Rajsamand is set aside. It is ordered that the accused-appellants (1) Jethu Singh S/o Gulab Singh Rajput; (2) Bakshu Singh S/o Kundan Singh Rajput; (3) Bharat Singh @ Pintu Singh S/o Mandan Singh Rajput; and (4) Dharmesh @ Dharma Lal S/o Mangi Lal Salvi , arrested in connection with FIR No. 272/2022, Police Station Amet , District Rajsamand, shall be released on bail; provided they furnish personal bond of Rs. 1,00,000/- each 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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169-Mak/-

Jethu Singh v. State of Rajasthan

Case brief

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Jethu Singh v. State of Rajasthan

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