Allowed

Jivrajsingh @ Karansingh Chouhan v. State of Rajasthan

Rajasthan HC20 Oct 2023CRLAS/2141/2023

Case brief

AI extract

What is this about?

The High Court allowed the CrPC appeal against the Special Judge’s refusal to grant bail to the appellant under the SC/ST Act. The court set aside the impugned order and directed the release of the accused on bail, requiring a personal bond of Rs. 1,00,000 and two surety bonds of Rs. 50,000 each.

What did the court decide?

The impugned order dated 20.09.2023 is set aside. The accused-appellant is released on bail by furnishing a personal bond of Rs. 1,00,000/- and two surety bonds of Rs. 50,000/- each.

Jivrajsingh @ Karansingh Chouhan Vs State of Rajasthan — Caste Atrocities | Rajasthan HC (2023)

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[2023:RJ-JD:36432]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Appeal (Sb) No. 2141/2023

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Jivrajsingh @ Karansingh Chouhan S/o Gopal Singh, Aged About 26 Years, R/o Ward No. 7 Siwalo Ka Bas Momasar Ps Sridungargarh Dist. Bikaner At Present Shri Karni Kripa Saras Dairy Buth Sardul Club Maidan Ps Sadar Bikaner Raj. Presently Lodged In Central Jail Bikaner

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----Appellant

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Versus

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State Of Rajasthan, Through Pp

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Satpal Singh S/o Noratsingh, Aged About 25 Years, R/o A- 734 Panchwati Bhilwara At Present Sardul Club Maidan Ps Station Sadar Dist. Bikaner Raj.

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----Respondents

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For Appellant(s)	: Mr. Vineet Jain, Sr. Adv. assisted by
	Mr. Harshwardhan Singh Rathore
For Respondent(s)	: Mr. Laxman Solanki, PP
	Nonepresent for R-2

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HON'BLE MR. JUSTICE MADAN GOPAL VYAS Order

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20/10/2023

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At the outset, learned Public Prosecutor has produced a copy of the letter dated 19.10.2023 sent by SHO, Police Station-Kotwali District Bhilwara regarding sending information to the complainant in respect of pendency of SB Criminal Appeal No.2141/2023.

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A perusal of this letter shows that the SHO concerned has served the notice of pendency of present Criminal Appeal upon the complainant-Satpal Singh.

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A copy of the letter dated 19.10.2023 is taken on record.

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In view of the above, service is complete, however nobody

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has appeared on behalf of the complainant.

[2023:RJ-JD:36432]

[CRLAS-2141/2023]

(2 of 3)

The instant appeal has been filed under Section 14-A(2) of SC/ ST (Prevention of Atrocities) Act, on behalf of the appellant, who is in custody in connection with FIR No.371/2022, Police Station Sadar District – Bikaner, for the offences under Sections 307, 323, 341, 325, 143 of IPC and Sections 3(2)(v), 3(2)(va) of SC/ST Act against the order dated 20.09.2023 passed by the learned Special Judge, Scheduled Caste/Scheduled Tribe (Prevention of Atrocities) Cases, Bikaner whereby, the bail application preferred under Section 439 Cr.P.C. on behalf of the appellant was rejected.

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Learned counsel for the appellant submits that the appellant has falsely been implicated in the present case. It is further submitted that this court while dismissing the earlier appeal as not pressed granted liberty to the appellant to file appeal after filing of the charge-sheet. It is submitted that in the present case the charge-sheet has already been filed. It is submitted that there is only one head injury upon the injured-Babulal and the said injury is not attributed to the appellant. The accused-appellant is in custody since long and the trial of the case will take long time. Therefore, it is prayed that the benefit of bail should be granted to the accusedappellant.

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Learned Public Prosecutor has vehemently opposed the prayer for bail.

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Having regard to the entirety of facts and circumstances as available on record and upon a consideration of the arguments advanced at the bar, this Court is of the opinion that the order rejecting the application for bail filed on behalf of the appellant, cannot be sustained and deserves to be set aside.

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(3 of 3) [CRLAS-2141/2023]

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[2023:RJ-JD:36432]

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Consequently, the instant appeal is allowed. The impugned order dated 20.09.2023 passed by the learned Special Judge, Scheduled Caste/Scheduled Tribe (Prevention of Atrocities) Cases, Bikaner is set aside. It is ordered that the accused-appellant Jivrajsingh @ Karansingh Chouhan S/o Gopal Singh , arrested in connection with FIR No.371/2022, Police Station Sadar District – Bikaner, shall be released on bail; provided he furnishes a personal bond of Rs.1,00,000/- and two surety bonds of Rs.50,000/- 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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(MADAN GOPAL VYAS),J

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459-neha/-

Jivrajsingh @ Karansingh Chouhan v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Jivrajsingh @ Karansingh Chouhan v. State of Rajasthan

Case brief

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