Allowed

Raghuveer @ Padda Son of Late Shri Babulal v. State of Rajasthan

Rajasthan HC29 Aug 2024CRLAS/1238/2024

Case brief

AI extract

What is this about?

Three criminal appellants sought bail under Section 14A(2) of the SC/ST (POA) Act. The High Court held that since investigation concluded and they were not needed for police work, they were fit cases for bail with security bonds and standard conditions including appearance in court and abstaining from criminal activities.

What did the court decide?

Appellants released on bail with personal bond of Rs. 50,000 and sureties of Rs. 25,000 each, conditioned upon appearance in court and adherence to standard bail terms.

Raghuveer @ Padda Son of Late Shri Babulal Vs State of Rajasthan — Rajasthan HC (2024) — LawSathi Research

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Appeal (Sb) No. 2152/2024

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Mohan Singh @ Chotu S/o Late Dabal Singh @ Dablu, R/o Station Road, Maniyan, Police Station Maniyan District Dholpur (At Present Confined In District Jail Dholpur)

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----Appellant

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Versus

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State Of Rajasthan, Through P.p

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Mahavir S/o Rambabu, R/o Kuhavni, Police Station Kanchanpur District Dholpur

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----Respondents

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Connected With

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S.B. Criminal Appeal (Sb) No. 1238/2024

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Raghuveer @ Padda Son Of Late Shri Babulal, Resident Of Village Sattar Ka Pura, Police Station Mania, District Dholpur (Raj) (At Present Confined In District Jail, Dholpur )

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----Appellant

¶13

Versus

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State Of Rajasthan, Through P.p

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Mahaveer Son Of Rambabu, Resident Of Kuhawni, Police Station Kanchanpur, District Dholpur (Raj)

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----Respondents

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S.B. Criminal Appeal (Sb) No. 1250/2024

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Pankaj Kushwaha @ Pappu Son Of Late Shri Double Singh @ Dablu Kushwaha, Resident Of Station Road Maniya, Police Station Maniya District Dholpur (Rajasthan) Presently Confined In District Jail, Dholpur

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----Appellant

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Versus

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State Of Rajasthan, Through Public Prosecutor

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Mahavir Son Of Rambabu, Resident Of Kuhavni, Police Station Kanchanpur District Dholpur (Rajasthan)

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----Respondents

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For Appellant(s) : Mr. Dushyant Jain Mr. Dheeraj Singhal

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(2 of 4)

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[CRLAS-2152/2024]

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For Respondent(s) : Mr. Amit Punia, PP Mr. Manoj Kumar Avasthi

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HON'BLE MR. JUSTICE ASHOK KUMAR JAIN

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Order

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29/08/2024

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Instant applications are filed under Section 14A (2) of SC/ST (POA) Act in a matter arising out of FIR No. 178/2024 at P.S. Mania Dist. Dholpur for offence under Sections 143, 323, 341, 504, 506 IPC and 3(1)(s), 3(1)(r) and 3(2)(va) of SC/ST (POA) Act.

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Learned counsel for appellants submitted that appellants were falsely implicated and there is no evidence on record to indicate their involvement in present case. He further submitted that after arrest of appellants, the investigation has been concluded and police has already drawn charge-sheet, therefore the petitioner accused is not required for investigation. He also submitted that the disposal of case will take its own time and keeping appellants behind the bars would serve no purpose so they are entitled to be released on bail.

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Aforesaid contentions were opposed by learned counsel for complainant and learned Public Prosecutor.

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Heard learned counsel for appellants, learned counsel for complainant and learned Public Prosecutor.

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On 06.05.2024, FIR NO. 178/2024 was registered at P.S. Mania, Dholpur for incident of 03.05.2024 and during investigation, involvement of present appellants was found by police and they were accordingly arrested by police. Learned trial

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[CRLAS-2152/2024]

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(3 of 4)

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court has dismissed the bail application and aggrieved from aforesaid the instant appeals have been preferred by appellants. The investigation is complete and appellants are no more required in investigation. Co-accused juvenile was released on bail by this Court on 14.08.2024 in S.B. Criminal revision Petition No. 1270/2024. The counsel for complainant has submitted that injured is railway employee who was performing duty as public servant but disposal of main case will take its own time, therefore appellants are entitled to be released on bail.

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Therefore, without expressing any opinion on merits, I am of considered view that it is a fit case wherein appellants can be enlarged on bail. The applications under Section 14A(2) rws 483 of BNSS is allowed of appellants accused- Mohan Singh @ Chotu S/o Late Dabal Singh @ Dablu, Raghuveer @ Padda Son Of Late Shri Babulal and Pankaj Kushwaha @ Pappu Son Of Late Shri Double Singh @ Dablu Kushwaha are released on bail till disposal of criminal case arising out of FIR No. 178/2022 P.S. Mania Dist. Dholpur with the condition that each of them would executes a personal bond in the sum of ₹50,000/-with two sureties of ₹25,000/- each to the satisfaction of the learned trial Judge for their appearance in trial court on date fixed by trial court and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:-

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(i). After release of appellant accused on bail, they will not indulge in any criminal activity and if it is found that they are involved in any criminal activity, the order shall be recalled.

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(4 of 4) [CRLAS-2152/2024]

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(ii). That they will appear before the trial Court on each and every date of hearing till the disposal of criminal case.

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(iii). That if the applicants changes the place of residence, they will give in writing their changed address to the trial Court.

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(iv). Similarly, if the sureties change their address(s),they will give in writing their changed address to the trial Court.

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(v). The appellant shall not influence prosecution witnesses in any manner.

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Misc. Applications, if any, stands disposed of.

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A copy of this order be sent through E-mail to the trial court.

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(ASHOK KUMAR JAIN),J

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PREETI VALECHA /01-03

Raghuveer @ Padda Son of Late Shri Babulal v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Raghuveer @ Padda Son of Late Shri Babulal v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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