Allowed

Rahul S/O Nihal Singh @ Guddu v. State of Rajasthan

Rajasthan HC28 Mar 2022CRLAS/92/2022

Case brief

AI extract

What is this about?

Appeals against bail rejection orders in SC/ST atrocity cases were disposed of in a connected set of five appeals. The High Court allowed the appeals and ordered the release of accused on bail without expressing an opinion on merits, considering FIR discrepancies and prior acquittals.

What did the court decide?

Impugned orders set aside; accused released on bail with personal bond of Rs.50,000 and two sureties of Rs.25,000 each.

Rahul S/O Nihal Singh @ Guddu Vs State of Rajasthan — Caste Atrocities | Rajasthan HC (2022)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN

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BENCH AT JAIPUR

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S.B. Criminal Appeal No. 1335/2021

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Bhudev S/o Gokul Singh, R/o Village Abdulpur, Police Station Kanchanpur, District Dholpur (At Present Confined In District Jail Dholpur)

¶5

Bhola @ Narendra S/o Gokul Singh, R/o Village Abdulpur, Police Station Kanchanpur, District Dholpur (At Present Confined In District Jail Dholpur)

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----Appellants

¶7

Versus

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State Of Rajasthan, Through P.p

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Raju S/o Phool Singh, R/o Village Abdulpur, Police Station Kanchanpur, District Dholpur

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----Respondents

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Connected With

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S.B. Criminal Appeal (Sb) No. 1446/2021

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Sandeep @ Shalendra Son Of Shri Geetam Singh, Resident Of Village Dhavajpura, Police Station Kanchanpur, District Dholpur (Accused Is In Judicial Custody At District Jail Dholpur)

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----Appellant

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Versus

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State Of Rajasthan, Through Public Prosecutor

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Raju Son Of Shri Phool Singh, Aged About 42 Years, Resident Of Village Abdulpur, Thana Kanchanpur, District Dholpur (Raj)

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----Respondents

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S.B. Criminal Appeal (Sb) No. 91/2022

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Badshah S/o Mahtab Singh, R/o Village Adbulpur, Police Station Kanchanpur, District Dholpur (At Present They Confined In District Jail, Dholpur)

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----Appellant

¶22

Versus

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State Of Rajasthan, Through P.p

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Raju S/o Phool Singh, R/o Village Abdulpur, Police Station Kanchanpur, District Dholpur

----Respondents

(2 of 4)

[CRLAS-1335/2021]

S.B. Criminal Appeal (Sb) No. 92/2022

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Rahul S/o Nihal Singh @ Guddu, R/o Village Abdulpur, Police Station Kanchapur, District Dholpur (At Present They Confined In District Jail Dholpur)

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----Appellant

¶31

Versus

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State Of Rajasthan, Through P.p

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Raju S/o Phool Singh, R/o Village Abdulpur, Police Station Kanchanpur, District Dholpur

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----Respondents

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For Appellant(s) : Mr. Yogesh Singhal, Advocate Mr. Neeraj Sharma, Advocate For Respondent(s) : Mr. Prashant Sharma, Public Prosecutor Mr. Anil Jain, Advocate with Mr. Dushyant Jain, Advocate for complainant

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HON'BLE MR. JUSTICE CHANDRA KUMAR SONGARA Order

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28/03/2022

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These instant appeals have been filed under Section 14-A(2) of the SC/ST (Prevention of Atrocities) Act on behalf of the appellants, who are in custody in connection with FIR No.132/2021, registered at Police Station Kanchanpur, District Dholpur for the offences under Sections 147, 148, 149, 323, 341, 336, & 302 of IPC and Sections 3(1)(S) & 3(2) (va) of the SC/ST (Prevention of Atrocities) Act and against the orders dated 26.08.2021, 02.09.2021, 01.12.2021 & 30.10.2021 passed by the Special Judge, SC/ST (Prevention of Atrocities) Cases, Dholpur, whereby, the bail applications preferred under Section 439 Cr.P.C. on behalf of the appellants were rejected.

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Learned counsel for the appellants submits that name of the accused-appellant Bhudev has not been mentioned in the

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(3 of 4)

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[CRLAS-1335/2021]

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FIR and the name of other accused-appellant Bhola @ Narendra has been mentioned but no overt act has been assigned to him. Learned counsel on behalf of the accused-appellants Badshah and Rahul submits that no specific allegation has been levelled against them in the FIR. Learned counsel on behalf of the accusedappellant Sandeep @ Shalendra submits that no allegation has been levelled against him to cause any injury. The appellants are behind the bars since long and the charge-sheet has been filed. As per rejection bail order, the appellant-Sandeep @ Shalendra has criminal antecedents of three cases, out of which in two cases he has been acquitted and in remaining one case, he is out on bail. Hence, appeals of the appellants may kindly be granted.

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Learned Public Prosecutor has strongly opposed the appeals as well as learned counsel for the complainant. It is contended by learned counsel for the complainant that in the FIR, specific overt act has been assigned to the accused-appellant Badshah and Sandeep @ Shalendra. As per Post-Mortem report of the deceased, cause of death is Polytrauma and head injury lead to excessive hemorrhage. Hence, appeals of the appellants may kindly be rejected.

¶44

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

¶45

Name of the appellant-Bhudev has not been mentioned in the FIR and name of the other appellants-Bhola and Rahul have been mentioned but no overt act has been assigned to them. As per FIR, Sandeep inflicted injury on the deceased-Rameshwar with butt of Bandook on his leg, whereas, as per recovery memo, at the instance of Sandeep, one lathi has been recovered. As per the

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(4 of 4) [CRLAS-1335/2021]

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FIR, the appellant-Badshah and Pradeep have inflicted injuries on the deceased with iron rod on his left leg. As per Post-Mortem report of the deceased, cause of death is Polytrauma and head injury leading to excessive hemorrhage. The appeal of the appellant-Bhura @ Pintu @ Narendra @ Pravendra has already been granted by this Court vide order dated 21.02.2022. Therefore, looking to the above facts and circumstances of the case and considering the submissions made by learned counsel for the appellants; but without expressing any opinion on the merits/demerits of the case, this Court is of opinion that the appellants deserves to be enlarged on bail.

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Consequently, these instant appeals are allowed. The impugned orders dated 26.08.2021, 02.09.2021, 01.12.2021 & 30.10.2021 passed by the Special Judge, SC/ST (Prevention of Atrocities) Cases, Dholpur (Raj.) are set aside. It is ordered that the accused-appellants (1) Bhudev S/o Gokul Singh, (2) Bhola @ Narendra S/o Gokul Singh, (3) Sandeep @ Shalendra S/o Shri Geetam Singh, (4) Badshah S/o Mahtab Singh and (5) Rahul S/o Nihal Singh @ Guddu arrested in connection with F.I.R. No.132/2021 registered at Police Station Kanchanpur, District Dholpur shall be released on bail; provided each of them 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 /38-41

Rahul S/O Nihal Singh @ Guddu v. State of Rajasthan

Case brief

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Rahul S/O Nihal Singh @ Guddu v. State of Rajasthan

Case brief

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