Allowed

Dheeraj Bagadi Son of Shri Rajendra Bagadi v. State of Rajasthan

Rajasthan HC17 Jul 2023CRLAS/1030/2023

Case brief

AI extract

What is this about?

Single-judge order allowing special leave appeals against bail rejection orders. The High Court, considering injury reports and police statements without expressing an opinion on merits, granted bail to three accused-appellants involved in an IPC offense and SC/ST atrocity charges.

What did the court decide?

Released the accused-appellants (Vijendra Bagadi, Akash Gurjar, Dheeraj Bagadi) on bail via personal bond of Rs.50,000/- and two sureties of Rs.25,000/- each.

Dheeraj Bagadi Son of Shri Rajendra Bagadi Vs State of… — Caste Atrocities | Rajasthan HC (2023)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Appeal No. 1509/2023

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Vijendra Bagadi Son Of Shri Ganesh, Aged About 38 Years, Resident Of Preetam Singh Ki Building Baba Ramdev Mandir Ke Samne, Gordhanpura, Kotdi, Police Station Gumaanpura Kota District Kota (Raj) (At Presently Confined In District Jail Kota)

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Akash Gurjar @ Pappu Kaniya Son Of Shri Satyanarayan, Aged About 25 Years, Resident Of Shastri School Ke Pass, Gordhanpura Kotdi Police Station Gumanpura Kota District Kota (Raj) (At Presently Confined In District Jail Kota)

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----Appellants

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Versus

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State Of Rajasthan, Through Public Prosecutor

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----Respondent

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Sanjana Son Of Shri Harish Bagadi, Resident Of Janta Dairry Ke Pass, Gordhanpura Kotdi Police Station Gumanpura Kota City, District Kota Raj

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----Complainant-Respondent

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Connected With

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S.B. Criminal Appeal (Sb) No. 1030/2023

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Dheeraj Bagadi Son Of Shri Rajendra Bagadi, Aged About 22 Years, Resident Kotadi, Gordhanpura Hanuman Mandir Ke Peeche, Police Station Gumaanpura Kota District Kota (Raj) (At Presently Confined In District Jail Kota)

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----Appellant

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Versus

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State Of Rajasthan, Through Public Prosecutor

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----Respondent

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Sanjana Son Of Shri Harish Bagadi, Resident Janta Dairy Ke Pass, Gordhanpura Kotdi, Police Station Gumanpura Kota City, District Kota (Raj)

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----Complainant-Respondent

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For Appellant(s) : Mr. Pawan Kumar Verma, Advocate Mr. Jagdish Nagar, Advocate

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For Respondent(s) : Mr. Mahendra Meena, Public Prosecutor

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(2 of 3)

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[CRLAS-1509/2023]

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HON'BLE MR. JUSTICE CHANDRA KUMAR SONGARA Order

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17/07/2023

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Instant appeals have been filed under Section 14-A of the SC/ST (Prevention of Atrocities) Act on behalf of the appellants, who are in custody in connection with FIR No.175/2023, registered at Police Station Gumanpura, District Kota City for the offences under Sections 341, 323, 307 & 34 of IPC and Sections 3(2)(v) & 3(2)(va) of the SC/ST (Prevention of Atrocities) Act against the orders dated 01.05.2023 and 26.04.2023 respectively passed by the Special Judge, SC/ST (Prevention of Atrocities) Cases, Kota, whereby, the bail applications preferred under Section 439 Cr.P.C. on behalf of the appellants were rejected.

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It is submitted by learned Public Prosecutor that the notice has already been served upon the complainant-respondent No.2. Despite service, no one has appeared on behalf of the complainant.

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Learned counsel for the appellants submits that the accused appellants are behind the bars since 07.04.2023. As per rejection bail order, the appellant-Vijendra Bagadi has criminal antecedents of seven cases and he is on bail in all cases. Learned counsel further submits that the charge-sheet has already been filed. As per injury and X-ray reports of injured-Rakesh, his sole injury is simple in nature and as per injury & X-ray reports of injured-Harish, his injuries No.1 & 2 are grievous in nature or dangerous to life caused by blunt weapon. As per Police statement

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[CRLAS-1509/2023]

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(3 of 3)

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of injured-Harish, Rahul assaulted him thereby, he received knife injury. Hence, appeals of the accused-appellants may kindly be allowed.

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Learned Public Prosecutor has strongly opposed the

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appeals.

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Heard learned and perused the material available on

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record.

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Considering the Police statement of the injured-Harish and looking his injury & X-ray reports as well as the facts and circumstances of the case, 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, instant appeals are allowed. The impugned orders dated 01.05.2023 and 26.04.2023 respectively passed by the Special Judge, SC/ST (Prevention of Atrocities) Cases, Kota (Raj.) are set aside. It is ordered that the accusedappellants (1) Vijendra Bagadi S/o Shri Ganesh, (2) Akash Gurjar @ Pappu Kaniya S/o Satyanarayan and (3) Dheeraj Bagadi S/o Shri Rajendra Bagadi arrested in connection with F.I.R. No.175/2023 registered at Police Station Gumanpura, District Kota 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/262-263

Dheeraj Bagadi Son of Shri Rajendra Bagadi v. State of Rajasthan

Case brief

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Dheeraj Bagadi Son of Shri Rajendra Bagadi v. State of Rajasthan

Case brief

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