Allowed

Mukesh @ Pakodiya Son of Shri Kalyan v. State of Rajasthan

Rajasthan HC25 May 2022CRLAS/906/2022

Case brief

AI extract

What is this about?

The High Court of Rajasthan allowed the appellant's special leave appeal against the rejection of bail. Setting aside the Special Judge's refusal, the Court ordered the accused released on personal bond with sureties, citing his bail status in other cases and witness statements.

What did the court decide?

The accused-appellant is released on bail by furnishing a personal bond of Rs.50,000/- with two sureties of Rs.25,000/- each.

Mukesh @ Pakodiya Son of Shri Kalyan Vs State of Rajasthan — Caste Atrocities | Rajasthan HC (2022)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Appeal No. 906/2022

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Mukesh @ Pakodiya Son Of Shri Kalyan, Aged About 25 Years, Resident Of Shyamoli, Police Station Malarna Doongar, District Sawai Madhopur (Raj) (At Present Accused Appellant Confined In District Jail Sawai Madhopur)

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----Appellant

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Versus

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State Of Rajasthan, Through Public Prosecutor

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Rai Singh Meena Son Of Shri Khyaliram Meena, Resident Of Sankda, Tehsil Malarna Doongar, District Sawai Madhopur (Raj)

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----Respondents

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For Appellant(s) : Mr. Raj Kumar Kasana, Advocate For Respondent(s) : Mr. Riyasat Ali, Public Prosecutor

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HON'BLE MR. JUSTICE CHANDRA KUMAR SONGARA

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Order

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25/05/2022

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The instant appeal has been filed under Section 14-A of the SC/ST (Prevention of Atrocities) Act on behalf of the appellant, who is in custody in connection with FIR No.30/2021, registered at Police Station Malarna Doongar, District Sawai Madhopur for the offences under Sections 147, 148, 149, 323, 341, 302 & 120-B of IPC and Sections 3(2)(va) & 3(2)(v) of the SC/ST (Prevention of Atrocities) Act against the order dated 05.05.2022 passed by the Special Judge, SC/ST (Prevention of Atrocities) Cases, Sawai Madhopur, whereby, the bail application preferred under Section 439 Cr.P.C. on behalf of the appellant was rejected.

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(2 of 3)

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[CRLAS-906/2022]

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Learned Public Prosecutor has submitted that he has already informed the complainant but despite service, no one has put appearance on behalf of the complainant.

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Learned counsel for the appellant submits that the appellant is behind the bars since 28.01.2021 and the chargesheet has been filed. As per rejection bail order, the appellant has criminal antecedents of two cases and he is on bail in both cases. During trial, statements of the complainant-Raisingh (PW-1) and eye-witnesses Bhagwan Singh (PW-4) and Khemraj (PW-5) have been recorded. Looking to the statements of complainant and eyewitnesses, appeal of the appellant may be allowed.

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Learned Public Prosecutor has strongly opposed the

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appeal.

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

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First appeal of the appellant was dismissed by this Court vide order dated 28.10.2021 mainly looking to the Police statements of the complainant-Raisingh (PW-1) and eye-witnesses Bhagwan Singh (PW-4) & Khemraj (PW-5) and now statements of the said witnesses have been recorded during trial. Therefore, looking to their statements and considering the submissions made by learned counsel for the appellant; but without expressing any opinion on the merits/demerits of the case, this Court is of opinion that the appellant deserves to be enlarged on bail.

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Consequently, the instant appeal is allowed. The impugned order dated 05.05.2022 passed by the Special Judge, SC/ST (Prevention of Atrocities) Cases, Sawai Madhopur (Raj.) is set aside. It is ordered that the accused-appellant Mukesh @

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(3 of 3) [CRLAS-906/2022]

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Pakodiya S/o Shri Kalyan arrested in connection with F.I.R. No.30/2021 registered at Police Station Malarna Doongar, District Sawai Madhopur shall be released on bail; provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties in the sum of Rs.25,000/- 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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(CHANDRA KUMAR SONGARA),J

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Ashish Kumar /3

Mukesh @ Pakodiya Son of Shri Kalyan v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Mukesh @ Pakodiya Son of Shri Kalyan v. State of Rajasthan

Case brief

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What did the court decide?

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