Allowed

Govind Singh Son of Chandra Singh v. State of Rajasthan

Rajasthan HC2 Sept 2023CRLAS/184/2023

Case brief

AI extract

What is this about?

This order grants bail to the appellant in a criminal appeal concerning offences under the SC/ST (Prevention Of Atrocities) Act and IPC. The court set aside the impugned order and directed the release of the accused, requiring a personal bond and sureties without expressing an opinion on merits.

What did the court decide?

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

Govind Singh Son of Chandra 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. 184/2023

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Govind Singh Son Of Chandra Singh, Aged About 24 Years, Resident Of Dhoti Police Station Atru District Baran Rajasthan (At Present Confined In District Jail Baran)

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----Appellant

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Versus

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State Of Rajasthan, Through PP

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Narendra Meena Son Of Ramswaroop Meena, Resident Of Dhooti Police Station Atru, District Baran (Rajasthan)

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----Respondents

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For Appellant(s) : Mr. Pankaj Gupta 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.

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Heard learned counsel for the appellant, learned counsel for the complainant and learned Public Prosecutor. Perused the material available on record.

[2023:RJ-JP:20451]

[CRLAS-184/2023]

(2 of 3)

It is submitted by learned counsel for the appellant that the appellant has falsely been implicated in this case. He further submits that as a matter of fact, the complainant party was aggressor. Charge-sheet has not been filed for offence under Section 447 Cr.P.C. He further submits that there is no allegation against the appellant to cause injury on the person of deceased. He further submits that only two injuries have been found on the person of deceased, one is incised wound on the head and second is diffused swelling on the right side of head at occipital region. 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. 5. Having regard to the totality of the facts and circumstances; considering the arguments advanced by learned counsel for both the parties, period of custody and the fact that there is no allegation against the appellant of causing injury and charge-sheet has been filed in the matter, but without expressing any opinion on merits/demerits of this case, this Court deems it just and proper to enlarge the petitioner on bail.

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Consequently, the instant appeal is allowed. The impugned order dated 17.01.2023 passed by the Special Judge, SC/ST (Prevention Of Atrocities) Cases, Baran is set aside. It is ordered that the accused-appellant- Govind Singh Son Of Chandra Singh arrested in connection with aforesaid FIR, shall be released on bail, if not wanted in any other case, provided he furnishes a personal bond of Rs.50,000/- and two sureties of Rs.25,000/-

[2023:RJ-JP:20451]

[CRLAS-184/2023]

(3 of 3)

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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(ANIL KUMAR UPMAN),J

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CHARU SONI /168

Govind Singh Son of Chandra Singh v. State of Rajasthan

Case brief

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Govind Singh Son of Chandra Singh v. State of Rajasthan

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