Allowed

Deepak Malav S/O Ramswaroop v. State of Rajasthan

Rajasthan HC19 Sept 2024CRLAS/1950/2024

Case brief

AI extract

What is this about?

Two appellants in custody for offences including Section 307 IPC and SC/ST (Prevention of Atrocities) Act charges in FIR No.220/2024 sought bail. The High Court quashed the Special Judge's orders dated 31.07.2024 and 25.07.2024 rejecting bail, allowed the appeals, and enlarged both on bail with bonds.

What did the court decide?

Appellants Deepak Malav and Akash Singh enlarged on bail on personal bond of Rs.1,00,000 each with two sureties of Rs.50,000 each; Special Judge's orders dated 25.07.2024 and 31.07.2024 quashed.

Deepak Malav S/O Ramswaroop Vs State of Rajasthan — Caste Atrocities | Rajasthan HC (2024)

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[2024:RJ-JP:39599]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Appeal (Sb) No. 1950/2024

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Deepak Malav S/o Ramswaroop, Aged About 22 Years, R/o Ravidas Ji Ke Mandir Ke Pass, Bapu Colony, Kacchi Basti, Police Station Kunhadi Kota (At Present Confined In Central Jail Kota, District Kota )

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----Appellant

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Versus

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State Of Rajasthan, Through P.p

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Raj S/o Dinesh, R/o Near Gouri Ashram Balita Road, Kunhadi Kota City Rajasthan

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----Respondents

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Connected With

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S.B. Criminal Appeal (Sb) No. 1725/2024

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Akash Singh S/o Raghuveer Singh, Aged About 19 Years, R/o Nayagaon, Tehsil Khanpur, District Jhalawar, Presently Tenant Of Hemraj Mali Ke Makan Me, Near Urmila School, Bapu Basti, Police Station, Kunhadi, Kota,. ( At Present Confined In Central Jail Kota, District Kota).

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----Appellant

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Versus

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State Of Rajasthan, Through P.p.

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Raj S/o Dinesh, R/o Near Gouri Ashram , Balita Road, Kunhadi , Kota City, Rajasthan.

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----Respondents

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For Appellant(s) : Mr. Waseem Akram, Adv. Mr. Rajesh Gadwal, Adv. For : Mr. Devi Singh, PP Respondent(s)

[CRLAS-1950/2024]

[2024:RJ-JP:39599]

(2 of 4)

HON'BLE MR. JUSTICE UMA SHANKER VYAS

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Order

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19/09/2024

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Learned Public Prosecutor has apprised this Court that compliance of Section 15-A (3) of the Scheduled Castes and the Schedule Tribes (Prevention of Atrocities) Act, 1989 (for short ‘’the Act of 1989’’) has been made in these present cases.

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These present criminal appeals under Section 14-A of the Scheduled Castes & the Scheduled Tribes (Prevention of Atrocities) Act have been filed in connection with FIR No.220/2024 registered at Police Station Kunhari, District Kota City for the offence under Section(s) 341, 323, 324, 307 & 34 of IPC and Section(s) 3(2)(v) & 3(2)(va) of SC & ST (Prevention of Atrocities) Act, 1989.

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It is contended by learned counsels for the appellants that they are innocent and they have falsely been implicated in these cases. They also submit that accused-appellants have been in judicial custody since long and the conclusion of the trial will take long time, hence the appellants may be enlarged on bail.

[CRLAS-1950/2024]

[2024:RJ-JP:39599]

(3 of 4)

Learned Public Prosecutor has opposed the appeals.

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Taking into consideration the submissions advanced by learned counsels for the appellants and overall facts and circumstances of these cases, without expressing any opinion on the merits of the cases, this court deems it just and proper to enlarge the appellants on bail.

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The orders dated 31.07.2024 & 25.07.2024 passed by the learned Special Judge, SC/ST (Prevention of Atrocities Cases), Kota is quashed and set-aside and these appeals are accordingly allowed. It is directed that accused appellants namely, 1.

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Deepak Malav S/o Ramswaroop 2. Akash Singh

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S/o Raghuveer Singh shall be released on bail provided each of them furnishes a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac Only) together with two sureties in the sum of Rs.50,000/(Rupees Fifty Thousand Only) each to the satisfaction of the learned Trial Court with the stipulation that they shall appear before that Court and any Court to which the matter is transferred, on all subsequent dates of hearing and as and when called upon to do

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[2024:RJ-JP:39599] (4 of 4) [CRLAS-1950/2024]

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so and shall comply with all the conditions laid down

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under Section 437(3) Cr.P.C.

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(UMA SHANKER VYAS),J

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GAURAV SHARMA /424-425

Deepak Malav S/O Ramswaroop v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Deepak Malav S/O Ramswaroop v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

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