Allowed

Lalit Singh v. State of Rajasthan

Rajasthan HC5 May 2022CRLAS/414/2022

Case brief

AI extract

What is this about?

In S.B. Criminal Appeal No. 414/2022, the High Court of Rajasthan, Jodhpur allowed the appeal and set aside the bail rejection order of the Special Judge. The Court held that compromise had arrived and trial would take long time, therefore accused-appellants were released on bail with bond and sureties.

What did the court decide?

Impugned order dated 29.03.2022 set aside; appellants released on bail provided they furnish personal bond of Rs. 1,00,000/- and two surety bonds of Rs. 50,000/- each.

Lalit 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. 414/2022

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Lalit Singh S/o Narayan Singh Chouhan, Aged About 30 Years, Near Vishram Kuteer, Jorawar Singh Ji Ki Chokiya, P.S. Gangrar, Dist. Chittorgarh.

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(At Present Lodged In Dist. Jail, Chittorgarh).

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Vijaypal Singh S/o Narayan Singh, Aged About 35 Years, Near Vishram Kuteer, Jorawar Singh Ji Ki Chokiya, P.S. Gangrar, Dist. Chittorgarh.

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(At Present Lodged In Dist. Jail, Chittorgarh).

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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 Ladu Lal, Era, Gangrar, Dist. Chittorgarh.

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----Respondents

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For Appellant(s)	: Mr. Love Jain
For Respondent(s)	: Ms. Anita Gehlot, PP
	Mr. Naresh Khatri for the complainant

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HON'BLE MR. JUSTICE MANOJ KUMAR GARG

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Order

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05/05/2022

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The instant appeal has been filed under Section 14-A SC/ST (Prevention of Atrocities) amended Act on behalf of the appellants, who are in custody in connection with FIR No.05/2022, Police Station Gangrar, District Chittorgarh for the offences under Sections 143, 323, 341, 307, 394 of the IPC, Section 3/25 of the Arms Act and Sections 3(1)(r)(s) and 3(2)(va) of S.C./S.T. Act against the order dated 29.03.2022 passed by the learned Special Judge SC/ST (Prevention of Atrocities) Act Cases, Chittorgarh,

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(2 of 3)

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[CRLAS-414/2022]

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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 challan of the case

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has already been presented; compromise has also arrived between the parties; 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-appellants. The learned court below has grossly erred in law and facts as well as well in declining to release the appellant on bail.

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Learned Public Prosecutor has opposed the prayer for bail. Learned counsel for the complainant concurs the fact of compromise.

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Heard learned counsel for the appellants, learned public prosecutor and learned counsel for the complainant and also perused the material available on record.

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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 29.03.2022 passed by the learned Special Judge SC/ST (Prevention of Atrocities) Act Cases, Chittorgarh is set aside. It is ordered that the accused-appellants, namely, Lalit Singh S/o Narayan Singh Chouhan, and Vijaypal Singh S/o Narayan Singh, both arrested in connection with FIR

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(3 of 3)

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[CRLAS-414/2022]

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No.05/2022, Police Station Gangrar, District Chittorgarh

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shall be released on bail; provided each of them furnishes 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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100-Rashi/-

Lalit Singh v. State of Rajasthan

Case brief

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Lalit Singh v. State of Rajasthan

Case brief

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