Allowed

Mukesh v. State of Rajasthan

Rajasthan HC19 Oct 2023CRLAS/819/2023

Case brief

AI extract

What is this about?

The High Court allowed the second criminal appeal opposing the rejection of bail under Section 439 Cr.P.C. in an SC/ST atrocity case, setting aside the trial court order and granting bail subject to personal and surety bonds.

What did the court decide?

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

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

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[2023:RJ-JD:36033]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Appeal (Sb) No. 819/2023

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Mukesh S/o Sitaram, Aged About 25 Years, R/o W.no. 8, Jakharawali Teh. Pilibanga Dist. Hanumangarh (Raj.). (Presently Lodged In Dist. Jail, Hanumangarh).

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----Appellant

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Versus

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State Of Rajasthan, Through Pp 2. Hariram S/o Manfulram, Aged About 61 Years, Dhani Chak 4, B.h.m., Rohi Jakharwali Teh. Pilibanga Dist. Hanumangarh (Raj.).

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----Respondents

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For Appellant(s)	:	Mr. Rajiv Bishnoi Mr. Devesh Khatri
For Respondent(s)	:	Mr. S.K. Bhati, PP
		Mr. Ankur Limba,for respondent No.2

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HON'BLE MR. JUSTICE MANOJ KUMAR GARG Order

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19/10/2023

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Heard learned counsel for the appellant, learned Public Prosecutor and counsel for the respondent No.2 and perused the material available on record.

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The instant second criminal appeal has been filed under Section 14A of SC/ST Act on behalf of the appellant, who is in custody in connection with FIR No.545/2018, Police Station Pilibanga, District Hanumangarh for the offences under Sections 302, 302/149, 307, 307/149, 323, 323/149, 447 and 148 IPC and Section 3(2)(V) of SC/ST (Prevention of Atrocities) Act and against the order dated 01.05.2023 passed by learned Special Judge SC/ST (Prevention of Atrocities Act Cases), Hanumangarh whereby

[2023:RJ-JD:36033]

[CRLAS-819/2023]

(2 of 3)

the bail application preferred under Section 439 Cr.P.C. on behalf of the appellant was rejected. The first appeal was dismissed as not pressed by this Court vide order dated 28.06.2022 with liberty to file afresh after recording the statement of injured Khiraj Ram.

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It has been submitted on behalf of the appellant that now injured Khiraj Ram has been examined as PW-5 and he specifically mentioned that co-accused Vikram and Kaluram fired to deceased Prithviraj and due to which he died and the appellant inflicted injuries by lathi to injured Kheraj Ram and according to the injury report, all the injuries are found to be simple in nature. The accused-appellant is in judicial custody since 24.10.2018 i.e. for about last five years 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-appellant.

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Learned Public Prosecutor and counsel for the respondent No.2 have 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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Consequently, the instant second criminal appeal is allowed. The impugned order dated 01.05.2023 passed by learned Special Judge SC/ST (Prevention of Atrocities Cases), Hanumangarh is set aside. It is ordered that the accused-appellant Mukesh S/o Sitaram arrested in connection with FIR No.545/2018, Police Station Pilibanga, District Hanumangarh shall be released on bail; provided he furnishes a personal bond of Rs.1,00,000/- and two

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(3 of 3) [CRLAS-819/2023]

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[2023:RJ-JD:36033]

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sureties bond of Rs.50,000/- 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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187-Ishan/-

Mukesh v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Mukesh v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

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