Allowed

Himmat Singh v. State

Rajasthan HC21 Feb 2022CRLAS/79/2022

Case brief

AI extract

What is this about?

This High Court allowed an S.B. Criminal Appeal filed by an appellant in judicial custody. The Court, noting that co-accused with similar injury allegations had been granted bail and no investigation was pending against the appellant, set aside the order of bail rejection and released the appellant on bail with sureties.

What did the court decide?

The impugned order rejecting bail was set aside; the appellant was released on bail with a personal bond of Rs. 50,000/- and two sureties of Rs. 25,000/- each.

Himmat Singh Vs State — Pension and Retirement Benefits | Rajasthan HC (2022)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Appeal No. 79/2022

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Himmat Singh S/o Bhanwar Singh Ji Deora, Aged About 30 Years, B/c Rajput, R/o Zink Smelter Circle Debari, Police Station Pratapnagar, District Udaipur. (At Present Lodge In Central Jail, Udaipur)

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----Appellant

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Versus

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State, Through Pp

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Bhagwat Singh S/o Kishan Singh Ji Deora, Hotel Manager, R/o Debari Nala Fala, Tehsil Girwa, District Udaipur.

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----Respondents

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For Appellant(s) : Mr. P.S. Rathore For Respondent(s) : Mr. Mukhtiyaar Khan, P.P.

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HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA

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Judgment

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21/02/2022

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In compliance of order dated 03.02.2022, learned Public Prosecutor has submitted notice of complainant - Bhagwat Singh. Despite service, no one appears on behalf of complainant.

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The instant appeal has been filed under Section 14A(2) SC/ST (Prevention of Atrocities) Act on behalf of the appellant, who is in custody in connection with FIR No.700/2021, Police Station Pratapnagar, District Udaipur for the offences under Sections 307, 323, 34 of I.P.C. and Sections 3(1)(S), 3(2)(V), 3(2) (va) of the SC/ST (Prevention of Atrocities) Act against the order dated 12.01.2022 passed by the Special Judge, SC/ST (Prevention of Atrocities) Cases, Udaipur, whereby, the bail application

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(2 of 3)

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[CRLAS-79/2022]

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

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

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Learned counsel for the appellant stated that the specific allegation has been made against Prem Singh, Dungar Singh and Devendra Singh; that benefit of bail have been granted to coaccused, viz., Devendra Singh and Dungarsingh by this Court vide order dated 12.01.2022 on the ground that none of the injuries have been found as grievous in nature to be caused on any vital part of the body or declared as dangerous to life and no investigation and recovery is pending against the appellant; that the case of the present appellant is identical to case of the coaccused appellants, who have been granted benefit of bail by this Court. With these submissions, learned counsel for the appellant prayed that benefit of bail may be granted to the appellant.

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Learned Public Prosecutor has opposed the appeal for bail and submitted that one iron rod has been recovered from the accused-petitioner and earlier nine another cases have been registered against the accused-appellant. Thus, having regard to the entirety of facts and circumstances of the case and particularly the fact that benefit of bail have been granted to above-mentioned co-accused and charge-sheet has been filed, without expressing any opinion on the merits/demerits of the case, this Court is of the opinion that the appellant deserves to be enlarged on bail.

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Consequently, the instant appeal is allowed. The impugned order dated 12.01.2022 passed by the Special Judge, SC/ST

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(3 of 3)

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[CRLAS-79/2022]

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(Prevention of Atrocities) Cases, Udaipur is set aside. It is ordered that the accused-appellant Himmat Singh S/o Bhanwar Singh Ji Deora arrested in connection with FIR No.700/2021, Police Station Pratapnagar, District Udaipur shall be released on bail, if not wanted in any other case; provided he furnishes a personal bond of Rs. 50,000/- (Rupees: Fifty Thousand Only) and two sureties of Rs. 25,000/-(Rupees: Twenty Five Thousand Only) 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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(DEVENDRA KACHHAWAHA),J

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112-Bharti/-

Himmat Singh v. State

Case brief

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What did the court decide?

Himmat Singh v. State

Case brief

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