Allowed

Sandeep @ Deepu @ Deepak S/O Vinod Kumar v. State of Rajasthan

Rajasthan HC13 Dec 2024CRLAS/2858/2024

Case brief

AI extract

What is this about?

This high court allowed a criminal appeal filed under Section 14-A(2) of the SC/ST Act. The court set aside the trial court order denying bail and directed the release of the appellant on bail, citing parity with other co-accused already released.

What did the court decide?

Allowance of criminal appeal, setting aside impugned order, direction to release appellant on bail on personal bond with sureties upon execution.

Sandeep @ Deepu @ Deepak S/O Vinod Kumar Vs State of… — Caste Atrocities | Rajasthan HC (2024)

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[2024:RJ-JP:51446]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Appeal (Sb) No. 2858/2024

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Sandeep @ Deepu @ Deepak S/o Vinod Kumar, Aged About 26 Years, Resident Of Surajgarh Police Station Surajgarh District Jhunjhunu (At Present Confined In District Jail, Sawai Madhopur

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----Appellant

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Versus

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State of Rajasthan, through P.P.

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Sunil @ Modya S/o Kailash, Resident Of Hall Nasiya Colony Ggc Gangapur City, Permanent Resident Of Ramsinghpur Police Station Batoda Gangapur City

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----Respondents

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For Appellant(s) : Mr. Tarun Jain For Respondent(s) : Mr. Rishi Raj Singh Rathore, Public Prosecutor Mr. Gaurav Meena for complainant

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HON'BLE MR. JUSTICE GANESH RAM MEENA

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Order

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13/12/2024

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This criminal appeal under Section 14-A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter to be referred as 'the SC/ST Act’) has been filed on behalf of the appellant being aggrieved with the order dated 09.10.2024 passed by the learned Special Judge SC/ST (Prevention of Atrocities) Cases, Sawai Madhopur (hereinafter to be referred as ‘trial Court’) in Bail Application No.174/2024 filed by the accused-appellant under Section 439 Cr.P.C., whereby, the application was dismissed.

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Learned counsel for the appellant submits that the accusedappellant has falsely been implicated in the present case with the

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aid of Section 120-B IPC. Learned counsel further submits that the present appellant has not been named in the FIR as regards the alleged incident. Learned counsel further submits that the accused-appellant is in custody since 19.06.2024 and he is no more required for any kind of interrogation or recovery.

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Learned counsel further submits that as per the contents of the FIR, one Krishna Bansrota and one unknown person had inflicted firearm injuries upon the complainant and there is no allegation against the present accused-appellant about his involvement in the alleged incident, therefore, the appeal of the accused-appellant may be allowed.

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On the other hand, learned Public Prosecutor opposes the prayer made on behalf of the appellant and submits that there is an evidence collected during investigation which shows involvement of the accused-appellant in the conspiracy for committing the alleged offence. He also submits that the other criminal cases are also pending against the accused-appellant, therefore, appeal of the accused-appellant may kindly be dismissed.

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Considered the submissions made by learned counsel for the respective parties and also perused the case diary.

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The present FIR has been lodged for an offence that one Krishna Bansrota and one unknown person came to the spot and had inflicted firearm injury to the complainant-injured.

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On perusal of the case diary, it is found that the accusedappellant has been implicated in this case with the aid of Section

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120-B IPC and it is revealed that the complainant in the FIR has categorically stated that he was not known to the accusedappellant except one Krishna Bansrota and after arrest of the accused-appellant, no test identification parade was conducted.

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The co-accused, namely, Pankaj, Jarif and Surendra who have also been implicated in this case with the aid of Section 120-B IPC have already been enlarged on bail by orders of this Court.

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Taking into consideration the aforesaid facts so also the fact that the co-accused have already been enlarged on bail by this Court and so as to maintain the parity and the fact that the case of the present accused-appellant is not distinguishable from the case of the other co-accused, this Court without commenting anything on the merits/demerits of the case, deems just and proper to allow the appeal filed by the accused-appellant under Section 14-A(2) of SC/ST Act.

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Accordingly, this criminal appeal filed under Section 14-A(2) of SC/ST Act is allowed and the impugned order dated 09.10.2024 passed by the learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Sawai Madhopur is set aside. It is directed that accused-appellant named above shall be released on bail in connection with FIR No.68/2024 registered at Police Station Gangapur City, District Gangapur City provided he executes a personal bond in a sum of Rs.1,00,000/- with two sound and solvent sureties of Rs.50,000/- each to the satisfaction of learned trial Court for his appearance before that Court on each and every

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date of hearing and whenever called upon to do so till the

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completion of the trial.

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(GANESH RAM MEENA),J

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Ashish Kumar /65

Sandeep @ Deepu @ Deepak S/O Vinod Kumar v. State of Rajasthan

Case brief

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Sandeep @ Deepu @ Deepak S/O Vinod Kumar v. State of Rajasthan

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