Allowed

Nathu Lal Gurjar Son of Shri Baldev Gurjar v. State of Rajasthan

Rajasthan HC16 Oct 2023CRLAS/61/2023

Case brief

AI extract

What is this about?

A criminal appeal filed by Nathu Lal Gurjar challenging the refusal of bail in an offence under the SC/ST (Prevention of Atrocities) Act and IPC. The High Court set aside the impugned order and granted bail. The appellant was directed to furnish a personal bond and two sureties with specific conditions.

What did the court decide?

Order dated 22.12.2022 set aside; Appellant released on bail on personal bond of Rs. 25,000/- with two sureties of like amount subject to specific conditions.

Nathu Lal Gurjar Son of Shri Baldev Gurjar Vs State of… — Caste Atrocities | Rajasthan HC (2023)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Appeal (Sb) No. 61/2023

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Nathu Lal Gurjar Son Of Shri Baldev Gurjar, Aged About 26 Years, Resident Of Dhani Saler Ki Tan Bhojpura, police Station Manoharpura, District Jaipur (Rajasthan ) (Presently Confined In Central Jail, Jaipur)

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----Appellant

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Versus

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State Of Rajasthan, Through P.P

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Mohari Lal Son Of Dagla Ram, Aged About 37 Years, Resident Of Near Bana Das Ji Maharaj Gathwadi, Police Station Manoharpur, District Jaipur (Rajasthan)

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----Respondents

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For Appellant(s)	: Mr. Rajneesh Gupta
	Mr. Rahul Sharma
For Respondent(s)	: Mr. Deshraj Gosingha, PP
	Mr. Abdul Rahim Khan

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HON'BLE MR. JUSTICE BIRENDRA KUMAR

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Order

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16/10/2023

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Heard the parties.

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The present criminal appeal under Section 14-A(2) of the SC/ST (Prevention of Atrocities) Act is against refusal of grant of regular bail in FIR No.336/2021 registered with Police Station Manoharpur, Jaipur (Rural) for offences under Sections 143, 323, 341, 365, 308 and 342 of IPC and Section 3 (2) (va) of The SC/ST (Prevention of Atrocities) Act.

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Appellant is in jail since last two years. According to FIR the named accused persons including the appellant bitterly assualted Manoj Meena, as a result whereof Manoj Meena Died.

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[CRLAS-61/2023]

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(2 of 2)

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Learned counsel for the appellant contends that Manoj Meena was found committing theft of oil container in the night at about 10-11 PM by Baldev, the elder brother of the informant. On alarm of Baldev neighbours reached there and assaulted Manoj Meena. Thereafter Manoj Meena fled away from there and for that incident FIR No. 337 dated 09.11.2021 was registered with the same police station Manoharpura.

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Learned Public Prosecutor as well as learned counsel for the informant opposed the prayer for bail on the ground that eyewitnesses have supported the allegation of assault committed by appellants and others.

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since two views are evidently there about the same incident, order dated 22.12.2022 passed by the learned Special Judge, SC/ST (Prevention of Atrocities) Act, Jaipur is set-aside and the instant appeal is accordingly allowed and it is directed that the above named accused-appellant be released on bail in the aforesaid FIR, if he is not wanted in any other case, provided that he furnishes a personal bond of Rs.25,000/- with two sureties of like amount to the satisfaction of the learned trial court with following conditions:-

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(i) the appellant shall fully co-operate in the trial, failing which, the trial judge would be at liberty to cancel the bail bonds of the appellant.

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(ii) the appellant shall not leave the Country without permission of the Court otherwise it would amount to disobedience of the order of this Court and would amount for cancellation of bail.

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(BIRENDRA KUMAR),J

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ashu /199

Nathu Lal Gurjar Son of Shri Baldev Gurjar v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Nathu Lal Gurjar Son of Shri Baldev Gurjar v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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