Allowed

Lal Chand Upadhyay v. State of Rajasthan

Rajasthan HC28 Nov 2023CRLAS/770/2023

Case brief

AI extract

What is this about?

High Court allowed criminal appeals in a custodial bail matter involving offences under the SC/ST (Prevention of Atrocities) Act. Setting aside lower court rejection orders, the Court released appellants on bail requiring personal and surety bonds.

What did the court decide?

Impugned orders setting bail rejected were set aside; appellants released on bail subject to furnishing personal bond of Rs. 1,00,000/- and two surety bonds of Rs. 50,000/- each.

Lal Chand Upadhyay Vs State of Rajasthan — Caste Atrocities | Rajasthan HC (2023)

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[2023:RJ-JD:40809]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Appeal (Sb) No. 1301/2023

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Poonam Chand S/o Omprakash, Aged About 30 Years, R/o Near Vidhya Vihar School Ps Gangashahar Dist. Bikaner Raj. (Lodged At 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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Ashok Swami S/o Sh. Mahesh Das, R/o Gali No. 6 Shiv Bari Ghati Bikaner

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----Respondents

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Connected With

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S.B. Criminal Appeal (Sb) No. 770/2023

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Lal Chand Upadhyay S/o Shri Prahlad, Aged About 25 Years, B/c Brahmin, R/o Near Chitra Factory, Bhinasar, P.s. Gangashahar, Bikaner. (At Present Lodged In Central Jail, Bikaner)

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----Appellant

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Versus

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State Of Rajasthan, Through Pp 2. Ashok Swami S/o Late Mahesh Das Swami, R/o Gali No. 6, Shiv Colony, Shivbadi, Bikaner.

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----Respondents

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For Appellant(s)	: Mr. Kaushal Gautam
	Mr. Sunil Bishnoi
For Respondent(s)	: Mr. Mukesh Trivedi, PP assisted by
	Ms. Kamla Goswami

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HON'BLE MR. JUSTICE MANOJ KUMAR GARG

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Order

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28/11/2023

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The instant appeals have been filed under Section 14(A)(1) SC/ST (Prevention of Atrocities) Act on behalf of the appellants, who are in custody in connection with F.I.R. No.186/2020, Police

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Station J.N.V. Colony, District Bikaner for the offences punishable under Sections 302, 201, 120-B & 376(2)(N) of the IPC and Section 3(2)(va) of the SC/ST (Prevention of Atrocities) Act against the orders dated 27.04.2023 and 10.05.2023 passed by the learned Special Judge Scheduled Cast/Scheduled Tribe (Prevention of Atrocities Act Cases), Bikaner whereby, the bail applications preferred under Section 439 Cr.P.C. on behalf of the appellants were rejected.

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Earlier criminal appeal preferred by the appellants was dismissed by this Court on 27.08.2022 with liberty to file a fresh appeal after recording of statement of Investigating Officer.

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Counsel for the appellants submits that now, the Investigating Officer has been examined as PW.7 before the trial Court and there are major contradictions, omissions & improvements in his statement. Counsel submits that no proper investigation has been done by the Investigating Officer. There is no direct evidence against the appellants, it is a case of circmustantial evidence. Counsel further submits that according to CCTV footage, three boys and one girl were travelling in a car and thereafter dead body of the deceased was found. After the arrest of accused Poonam Chand, his underwear and a taxi was recovered and after the arrest of accused Lal Chand, a motorcycle and documents of marriage were recovered. The recovery from the accused does not connect him with this case. The appellants are in judicial custody since 13.8.2020 and up to this time, only seven witnesses out of total thirty two witnesses have been examined before the trial Court. The trial of the case will take

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sufficient long time to be concluded. Therefore, the benefit of bail may be granted to the accused-appellants. The learned court below has grossly erred in law and facts as well in declining to release the appellants on bail.

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Learned Public Prosecutor has opposed the prayer for bail.

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Heard learned counsel for the appellants and learned public prosecutor and also perused the material available on record.

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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 applications for bail filed on behalf of the appellants, cannot be sustained and deserves to be set aside.

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Consequently, the instant appeals are allowed. The impugned orders dated 27.04.2023 and 10.05.2023 passed by the learned Special Judge Scheduled Castes/Scheduled Tribes (Prevention of Atrocities Act Cases), Bikaner, are set aside. It is ordered that the accused-appellants – (1) Poonam Chand S/o Omprakash and (2) Lal Chand Upadhyay S/o Shri Prahlad, both arrested in connection with F.I.R. No.186/2020, Police Station J.N.V. Colony, District Bikaner 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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70-71-Rashi/-

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Lal Chand Upadhyay v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Lal Chand Upadhyay v. State of Rajasthan

Case brief

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What did the court decide?

What the court decided

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