Allowed

Vijay Singh Choudhary S/O Mukesh Kumar v. State of Rajasthan

Rajasthan HC17 Jul 2023CRLAS/1430/2023

Case brief

AI extract

What is this about?

In this appeal arising from the rejection of a bail application under Section 439 Cr.P.C., the High Court allowed the appeal, setting aside the impugned order. While not expressing an opinion on the merits of the SC/ST Act case, the Court held that the appellants deserve bail. The accused are to be released on personal bonds with two sureties.

What did the court decide?

The impugned order rejecting bail is set aside. Accused-appellants are released on bail upon furnishing a personal bond of Rs. 50,000 with two sureties of Rs. 25,000 each.

Vijay Singh Choudhary S/O Mukesh Kumar Vs State of Rajasthan — Bail and Remand | 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. 1430/2023

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Vijay Singh Choudhary S/o Mukesh Kumar, Aged About 22 Years, R/o Jaguwas, Police Station Behror, District Alwar (Raj) (Currently In Judicial Custody At Central Jail Alwar)

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Karanpal @ Kp S/o Indra Singh, Aged About 22 Years, R/o Jaguwas, Police Station Behror, District Alwar (Raj) (Currently In Judicial Custody At Central Jail Alwar)

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----Appellants

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Versus

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State Of Rajasthan, Through P.P.

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----Respondent

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Vijaypal S/o Sultan, R/o Madlana, Police Station Narnaul City, District Mahendragarh, Haryana

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----Complainant-Respondent

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For Appellant(s)	: Mr. S.S. Ola, Advocate
For Respondent(s)	: Mr. Mahendra Meena, Public Prosecutor
	Mr. Neeraj Sharma, Advocate for complainant

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HON'BLE MR. JUSTICE CHANDRA KUMAR SONGARA

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Order

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17/07/2023

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Instant appeal has been filed under Section 14A(2) of the SC/ST (Prevention of Atrocities) Act on behalf of the appellants, who are in custody in connection with FIR No.96/2023, registered at Police Station Behror, Police District Bhiwadi, District Alwar for the offences under Sections 382, 458, 323, 341 and 34 of IPC and Sections 3(2)(v) & 3(1)(r)(s) of the SC/ST (Prevention of Atrocities) Act against the order dated 18.05.2023 passed by the Special Judge, SC/ST (Prevention of Atrocities) Cases, Alwar,

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(2 of 3) [CRLAS-1430/2023]

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whereby, the bail application preferred under Section 439 Cr.P.C. on behalf of the appellants was rejected.

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Learned counsel for the appellants submits that the appellant-Vijay is behind the bars since 07.05.2023 and appellantKarampal @ KP is behind the bars since 09.05.2023. As per rejection bail order, the appellants have criminal antecedents of 10 and 5 cases respectively and except one case they are on bail in all cases. Learned counsel further submits that the charge-sheet has been filed and the appeal of the co-accused Ashok Kumar and Manjeet Choudhary has already been allowed by the Co-ordinate Bench of this Court vide its order dated 12.05.2023. Hence, appeal of the accused-appellants may be granted.

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Learned Public Prosecutor as well as learned counsel for the complainant has strongly opposed the appeal.

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Heard learned counsel and perused the material available on record.

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As per injury and X-ray reports of Vijaypal, all of his injuries are simple in nature and as per injury and X-ray reports of Tekchand, except injuries No.1 and 2, all of his injuries are simple in nature and injuries No.1 and 2 are grievous in nature caused by blunt weapon which are on his left wrist joint and right hip. Therefore, considering the submissions made by learned counsel for the appellants looking to the facts & 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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[CRLAS-1430/2023]

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(3 of 3)

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Consequently, the instant appeal is allowed. The impugned order dated 18.05.2023 passed by the Special Judge, SC/ST (Prevention of Atrocities) Cases, Alwar (Raj.) is set aside. It is ordered that the accused-appellants (1) Vijay Singh

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Choudhary S/o Mukesh Kumar and (2) Karampal @ KP S/o Indra Singh arrested in connection with F.I.R. No.96/2023 registered at Police Station Behror, Police District Bhiwadi, District Alwar 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/257

Vijay Singh Choudhary S/O Mukesh Kumar v. State of Rajasthan

Case brief

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Vijay Singh Choudhary S/O Mukesh Kumar v. State of Rajasthan

Case brief

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