Allowed

Ravindra Singh v. State of Rajasthan

Rajasthan HC17 Apr 2023CRLAS/43/2023

Case brief

AI extract

What is this about?

In this criminal appeal regarding offences under SC/ST (POA) Act and IPC, the bench held that the rejection of bail application was unsustainable due to the presentation of the challan. The appeal was allowed, the impugned order quashed, and the appellants granted bail on personal and surety bonds.

What did the court decide?

Impugned order set aside; appellants released on bail on personal bond of Rs.1,00,000/- and two surety bonds of Rs.50,000/- each.

Ravindra Singh Vs State of Rajasthan — Caste Atrocities | Rajasthan HC (2023)

(1 of 2)

[2023/RJJD/010183]

[CRLAS-43/2023]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Appeal No. 43/2023

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Ravindra Singh S/o Shri Dungal Singh, Aged About 25 Years, B/c Rajput, R/o Daulatpura, P.s. Chitava, Teh. Kuchaman City, Dist. Nagaur (Raj.). (At Present Lodged In Sub Jail, Merta).

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Mool Chand Kumawat S/o Shri Balu Ram, Aged About 44 Years, B/c Kumawat, R/o Daulatpura, P.s. Chitava, Teh. Kuchaman City, Dist. Nagaur (Raj.). (At Present Lodged In Sub Jail Merta).

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----Appellants

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Versus

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State Of Rajasthan, Through Pp

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Smt. Bhanwari Devi W/o Budha Ram, B/c Meghwal, R/o Daulatpura, P.s. Chitava, Dist. Nagaur (Raj.).

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----Respondents

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For Appellant(s) : Mr. Akash Goyal For Respondent(s) : Mr. SK Mehar, PP

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HON'BLE MR. JUSTICE MANOJ KUMAR GARG

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Order

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17/04/2023

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Heard the learned counsel for the parties and perused the material available on record.

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The instant appeal has been filed under Section 14A(2) of SC/ST (POA) Act on behalf of the appellants, who are in custody in connection with FIR No.208/2022, Police Station Chitava, District Nagaur for the offences under Sections 323, 341, 504 IPC and Sections 3(1)(R)(S), 3(2)(VA) of SC/ST (Prevention of Atrocity) Act against the order dated 19.12.2022 passed by learned Special Judge, Scheduled Caste & Scheduled Tribe (Prevention of Atrocities) Act Cases, Merta, District Nagaur whereby the bail application preferred under Section 439 Cr.P.C. on behalf of the appellants was rejected.

[2023/RJJD/010183]

[CRLAS-43/2023]

(2 of 2)

Earlier the appellants filed an appeal for bail which was dismissed by this Court vide order dated 21.11.2022 with liberty to file afresh after filing of the challan.

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Counsel for the appellants submits that now challan of the case has already been presented and no investigation is pending. The accused-appellants are in judicial custody and the trial of the case will take sufficient long time to be concluded. Therefore, the benefit of bail should be granted to the accused-appellants.

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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 appellants, cannot be sustained and deserves to be set aside.

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Consequently, the instant appeal is allowed. The impugned order dated 19.12.2022 passed by learned Special Judge, Scheduled Caste & Scheduled Tribe (Prevention of Atrocities) Act cases, Merta, District Nagaur is set aside. It is ordered that the accused-appellants (1) Ravindra Singh S/o Shri Dungal Singh & (2) Mool Chand Kumawat S/o Shri Balu Ram arrested in connection with FIR No.208/2022, Police Station Chitava, District Nagaur shall be released on bail; provided each of them 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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(MANOJ KUMAR GARG),J

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113-MS/-

Ravindra Singh v. State of Rajasthan

Case brief

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Ravindra Singh v. State of Rajasthan

Case brief

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