Allowed

Rakesh Singh v. State of Rajasthan

Rajasthan HC14 Sept 2022CRLAS/536/2022

Case brief

AI extract

What is this about?

The High Court allowed a criminal appeal and set aside an order rejecting bail. The court granted bail to the appellant Rakesh Singh considering that a similarly situated co-accused was on bail and noting lack of other connecting evidence against him.

What did the court decide?

Accused-appellant released on bail by furnishing a personal bond of Rs.1,00,000/- and two surety bonds of Rs.50,000/- each.

Rakesh Singh Vs State of Rajasthan — Caste Atrocities | Rajasthan HC (2022)

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[CRLAS-536/2022]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Appeal (Sb) No. 536/2022

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Rakesh Singh S/o Sh. Gulab Singh, Aged About 30 Years, B/c Rajput, R/o Satyam Society, Sarupaganj, Teh. Pindwara, Dist. Sirohi (Raj.). (Presently Lodged In Dist. Jail, Sirohi).

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----Appellant

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Versus

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State Of Rajasthan, Through Pp

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Praveen Kumar S/o Sh. Devaram, B/c Valmiki (Harijan), R/o Chandmari, Abu Road, Dist. Sirohi (Raj.).

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----Respondents

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For Appellant(s) : Mr. Pradeep Shah For Respondent(s) : Mr. Muktiyar Khan, PP

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HON'BLE MR. JUSTICE MANOJ KUMAR GARG

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Order

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14/09/2022

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The instant appeal has been filed under Section 14-A(2) of SC/ST (PA) Act on behalf of the appellant, who is in custody in connection with FIR No.114/2021, Police Station Abu Road City, Abu Road, District Sirohi for the offences under Sections 302, 279, 364, 120B IPC and Section 3(2)(v) of SC/ST (Prevention of Atrocity) Act against the order dated 04.04.2022 passed by the Special Judge, SC/ST (Prevention of Atrocities) Act Cases, Sirohi whereby the 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 from the possession of the present appellant Rakesh Singh, one Alto car was recovered, whereas no recovery was made from the possession of co-accused Shantilal. Counsel submits that though the co-accused Shantilal had given information to the Police under Section 27 of the Evidence Act regarding the hammer used in murder, but the same was not recovered. Counsel further submits that similarly situated co-accused Vijay Agarwal has already been enlarged on

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[CRLAS-536/2022]

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bail by this Court and challan of the case has already been presented and now no investigation is pending. The accusedappellant 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 has vehemently opposed 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 including the facts that similarly situated coaccused Vijay Agarwal has already been enlarged on bail and there is no other connecting evidence against the present appellant, 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 04.04.2022 passed by the Special Judge, SC/ST (Prevention of Atrocities) Act Cases, Sirohi is set aside. It is ordered that the accused-appellant Rakesh Singh S/o Sh. Gulab Singh arrested in connection with FIR No.114/2021, Police Station Abu Road City, Abu Road, District Sirohi shall be released on bail; 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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104-MS/-

Rakesh Singh v. State of Rajasthan

Case brief

What is this about?

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Rakesh Singh v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

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