Partly allowed

Hari Singh Hada Son of Bahadur Singh v. State of Rajasthan

Rajasthan HC2 Sept 2023CRLAS/1083/2023

Case brief

AI extract

What is this about?

High Court dismissed the criminal appeal of Gajendra Singh and allowed the appeal of Hari Singh granting bail after setting aside the impugned order. Bail granted subject to bond conditions and equity of cause.

What did the court decide?

Impugned order of 22.03.2023 set aside. Accused-appellant No.1 released on bail on personal bond of Rupees fifty thousand and two sureties of twenty-five thousand each.

Hari Singh Hada Son of Bahadur Singh Vs State of Rajasthan — Caste Atrocities | Rajasthan HC (2023)

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[2023:RJ-JP:20451]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Appeal (Sb) No. 1083/2023

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Hari Singh Hada Son Of Bahadur Singh, Aged About 1 Years, Resident Of Doti, Police Station Atru District Baran (Raj)

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Gajendra Singh Urf Montu Son Of Bahadur Singh, Aged About 42 Years, Resident Of Doti, Police Station Atru District Baran (Raj)

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----Appellants

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Versus

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State Of Rajasthan, Through PP

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Narendra Meena Son Of Ramswarup, Resident Of Doti, Police Station Atru District Baran (Raj)

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----Respondents

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For Appellant(s) : Mr. Anubodh Jain For Respondent(s) : Mr. Babulal Nasuna, PP Mr. Amitabh Vijaywargia, for complainant

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HON'BLE MR. JUSTICE ANIL KUMAR UPMAN

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Order

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02/09/2023

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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.284/2022 registered at Police Station Atru, District Baran for the offences under Sections 323, 302, 143 & 504 of IPC and Sections 3(1)(r), 3(1)(s) & 3(2)(v) of the SC/ST (Prevention Of Atrocities) Act. Later on, police filed charge-sheet for offences under Sections 323, 302, 341, 504 & 34 of IPC and Sections 3(1)(r), 3(1)(s) & 3(2)(v) of the SC/ST (Prevention Of Atrocities) Act.

(2 of 3)

[2023:RJ-JP:20451]

[CRLAS-1083/2023]

Learned counsel for the appellants wants to withdraw this appeal to the extent of appellant No.2 Gajendra Singh @ Montu with liberty to file fresh bail application after recording the testimony of material witnesses.

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Accordingly, the instant appeal is dismissed with liberty to the extent of appellant No.2.

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So far as appellant No.1 Hari Singh is concerned, it is submitted by learned counsel for the appellant that he has falsely been implicated in this case. He further submits that there are allegations against appellant Harisingh to run over the tractor on the deceased but no crush injuries have been found on the person of deceased and specific allegation has been levelled against appellant Gajendra @ Montu to cause head injury which is cause of death. He further submits that the appellant is in custody since 19.10.2022. Charge-sheet has been filed and trial is likely to take time.

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Per contra, learned Public Prosecutor and learned counsel for the complainant have opposed the bail application and submit that there is allegation against Harisingh to run over the tractor on the deceased.

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Having regard to the totality of facts and circumstances; considering the arguments advanced by learned counsel for both the parties, period of custody and the fact that no crush injuries have been found on the person of deceased, I am of the opinion that the appellant deserves to be enlarged on bail, in its aforesaid background.

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[CRLAS-1083/2023]

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[2023:RJ-JP:20451] (3 of 3)

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Consequently, the instant appeal is allowed. The impugned order dated 22.03.2023 passed by the Special Judge, SC/ST (Prevention Of Atrocities) Cases, Baran is set aside. It is ordered that the accused-appellant No.1- Hari Singh Hada Son Of Bahadur Singh, arrested in connection with aforesaid FIR, shall be released on bail, if not wanted in any other case, provided he/she furnishes a personal bond of Rs.50,000/- and two sureties 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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CHARU SONI /169

Hari Singh Hada Son of Bahadur Singh v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Hari Singh Hada Son of Bahadur Singh v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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