Allowed

Rakesh @ Boby v. State of Rajasthan

Rajasthan HC9 Dec 2022CRLAS/807/2022

Case brief

AI extract

What is this about?

In this Criminal Second Appeal, the High Court set aside an order rejecting a bail application filed under Section 439 Cr.P.C. The Court held that the appellant should be released on bail as the injuries recorded were on a non-vital part of the body, despite initial opposition regarding life-threatening danger.

What did the court decide?

The accused appellant was ordered to be released on bail subject to furnishing a personal bond of Rs. 1,00,000/- and two surety bonds of Rs. 50,000/- each.

Rakesh @ Boby Vs State of Rajasthan — Bail and Remand | Rajasthan HC (2022)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal (Second) Appeal No. 807/2022

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Rakesh @ Boby S/o Devendra Kumar, Aged About 51 Years, R/o Gora Chhpra Abu Parvat PS Abu Parvat Dist. Sirohi Raj. (At Present Lodged In Dist. Jail Sirohi)

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----Appellant

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Versus

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State Of Rajasthan

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Sunil Achary S/o Sukhdev Achary, B/c Brahmin R/o Machgav Mount Abu, Abu Road Sirohi

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----Respondents

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For Appellant(s)	:	Mr.Dhirendra Singh, Sr. Adv. Assited
		by Mr.Raghunath Bishnoi, Adv.
For Respondent(s)	:	Mr.Vikram Sharma, PP Mr.Suresh Kumbhat, Adv. (for complainant)

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HON'BLE MR. JUSTICE MANOJ KUMAR GARG

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Order

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09/12/2022

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Heard learned counsel for the appellant as well as learned learned public prosecutor and learned counsel for the complainant. Perused the material available on record.

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The instant appeal has been filed under Section 14A (2) Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act on behalf of the appellant, who is in custody in connection with FIR No.108/2021, Police Station Abu Parvat, Distt. Sirohi for the offences under Sections 143, 341, 323, 392, 307 of IPC and Sections 3(2)(Va) of SC/ST Act, against the order dated 06.05.2022 passed by the learned Special Judge SC/ST (Prevention of Atrocities) Cases, Sirohi in Criminal Misc. Case

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(2 of 3)

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[CRLAS-807/2022]

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No.235/2022 (CIS No.235/2022) whereby, the bail application preferred on behalf of the appellant under Section 439 Cr.P.C. was rejected.

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Earlier, the criminal appeal preferred by the appellant was dismissed by this Court vide order 09.03.2022 as not pressed with liberty to file a fresh appeal after recording the statements of the injured witness and doctor.

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Learned counsel for the appellant submits that now, the injured and the doctor have been examined before the trial court and the grievous injuries received by the injured are on his nonvital part of the body. The appellant is in judicial custody since 28.12.2021 and continued detention of the appellant is now not warranted for any purpose. The trial of the case will take sufficient long time. Therefore, the benefit of bail may be granted to the accused-appellant.

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Learned Public Prosecutor and learned counsel for the complainant have vehemently opposed the prayer of the appellant and submitted that according to the statement of the Doctor, the injuries received by the injured person could be dangerous to life. In these circumstances, the appellant may not be released on bail.

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Having regard to the entirety of facts and circumstances of the case and also the fact that the injured received grievous injuries on his non-vital part of the body, 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 06.05.2022 passed by the Special Judge SC/ST (Prevention of Atrocities) Cases, Sirohi is set aside. It is ordered

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(3 of 3)

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[CRLAS-807/2022]

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that the accused appellant Rakesh @ Boby S/o Devendra Kumar shall be released on bail in FIR No.108/2021, Police Station Abu Parvat, Distt. Sirohi 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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43-NK/-

Rakesh @ Boby v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Rakesh @ Boby v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

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