Allowed

Shubham Mehra @ Devendra S/O Shri Surendra Singh v. State of Rajasthan

Rajasthan HC19 Jan 2024CRLAS/32/2024

Case brief

AI extract

What is this about?

High Court (Rajasthan) allowed bail to the appellant in an S.C./S.T. Atrocities case upon reasoning that a co-accused had already been released and the charge-sheet had been filed, balancing the duration of custody with the pendency of the trial.

What did the court decide?

Accused released on bail on personal bond of Rs. 50,000 and two sureties of Rs. 25,000 each provided to the satisfaction of the trial Court, with conditions to appear in the police station on the firs

Shubham Mehra @ Devendra S/O Shri Surendra Singh Vs State… — Caste Atrocities | Rajasthan HC (2024)

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[2024:RJ-JP:3449]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Appeal (Sb) No. 32/2024

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Shubham Mehra @ Devendra S/o Shri Surendra Singh, Aged About 32 Years, R/o Kumharon Ka Mohalla, House No. 329, Ladpura P.S. Kotwali Kota (Raj) (Accused At Present Confined In Central Jail Kota)

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----Appellant

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Versus

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State Of Rajasthan, Through Public Prosecutor

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Sawan@Anil S/o Shri Surendra Singh, R/o Pratap Chowk, Harijan Basti, Ladpura Kota (Raj)

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----Respondents

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For Appellant(s) : Mr. Samarth Sharma For Respondent(s) : Mr. Chandragupt Chopra, PP

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HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order

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19/01/2024

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The instant appeal has been filed under Section 14A(2) SC/ST (Prevention of Atrocities) Amendment Act 2015 being aggrieved of the order dated 10.10.2023 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Kota in Bail Application No.355/2023 rejecting the bail application preferred on behalf of the appellant, who is in custody in connection with FIR No.123/2023 registered at Police Station Kotwali, District Kota City for the offences under Sections 323, 341, 143, 327 & 307 of IPC. Later on, police filed charge-sheet for offences under Sections 323, 341, 327, 307, 147, 149, 325 & 329 of IPC and Sections 3(2) (v) & 3(2)(va) of SC/ST (Prevention of Atrocities) Act.

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It is contended by learned counsel for the appellant that absolutely false case has been registered against the appellant. Learned counsel submits that main allegation of causing grievous

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injury is against co-accused Gaurav Mehra and he has been granted bail by the Co-ordinate Bench of this Court vide order dated 20.12.2023 passed in S.B. Criminal Misc. Bail Application No.12306/2023. He further submits that the appellant is in custody since 18.09.2023. Charge-sheet has been filed and trial is likely to take time. Further custody of the appellant would not serve any fruitful purpose.

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Per contra, learned Public Prosecutor opposes the prayer of bail and submits that appellant is habitual offender as number of cases have been registered against him. He further submits that complainant of this case has duly been informed about hearing of this appeal. However, despite information, none has put in appearance on behalf of the complainant.

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Heard learned counsel for the appellant and learned Public Prosecutor. Perused the material available on record. 5. Having regard to the totality of facts and circumstances as available on record and upon a consideration of the arguments advanced at bar, especially the facts that co-accused Gaurav Mehra has been granted bail by the Co-ordinate Bench of this Court, filing of charge-sheet and period of custody, but without commenting anything on the merits/demerits of the case, I am of the opinion that the appellant deserves to be enlarged on bail, in its aforesaid background.

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Consequently, the instant appeal is allowed. The impugned order dated 10.10.2023 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Kota is set aside. It is ordered that the accused-appellant - Shubham Mehra @ Devendra S/o

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Shri Surendra Singh, arrested in connection with FIR

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No.123/2023 registered at Police Station Kotwali, District Kota City, shall be released on bail, if not wanted in any other case, provided he furnishes a personal bond of Rs.50,000/- and two sureties of Rs.25,000/- 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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However, it is made clear that the appellant shall not involve in similar offence(s) during currency of bail granted by this Court. The appellant is further directed to mark his presence in the concerned police station on first Monday of every month, till trial is concluded. If breach of any of these conditions is reported or come to the notice of the Court, the same shall alone be a reason for the trial court to cancel the bail granted to appellant by this Court.

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(ANIL KUMAR UPMAN),J

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CHARU SONI /131

Shubham Mehra @ Devendra S/O Shri Surendra Singh v. State of Rajasthan

Case brief

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Shubham Mehra @ Devendra S/O Shri Surendra Singh v. State of Rajasthan

Case brief

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