Allowed

Bheru @ Navratan @ Chimniya v. State of Rajasthan

Rajasthan HC27 May 2024CRLAS/415/2024

Case brief

AI extract

What is this about?

The High Court allowed an appeal against the rejection of a bail application. The Court granted bail considering that a co-accused was enlarged on bail and the appellant's name was absent from the FIR and CCTV report, setting aside the lower court order.

What did the court decide?

Accused-appellant released on bail upon furnishing a personal bond of Rs.50,000/- and two surety bonds of Rs.25,000/- each.

Bheru @ Navratan @ Chimniya Vs State of Rajasthan — Bail and Remand | Rajasthan HC (2024)

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[2024:RJ-JD:24087]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Appeal (Sb) No. 415/2024

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Bheru @ Navratan @ Chimniya S/o Rameshwar Lal, Aged About 39 Years, R/o Pansal, PS Pur, District Bhilwara, Raj.

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(Lodged In Dist Jail Bhilwara )

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----Appellant

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Versus

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State Of Rajasthan, Through Pp

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Sanwarmal Regar S/o Devi Lal Regar, R/o Pansal, PS Pur, District Bhilwara.

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----Respondents

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For Appellant(s) : Mr. Ashok Khilery For Respondent(s) : Mr. S.K. Bhati, Public Prosecutor Mr. Ramesh Chandra Purohit for the respondent no.2

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JUSTICE DINESH MEHTA

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Order

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27/05/2024

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The instant appeal has been filed under Section 14A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocity) Act, 1989 (hereinafter referred to as ‘the Act of 1989’) on behalf of the appellant, who is in custody in connection with FIR No. 241/2023 registered at Police Station Pur, District Bhilwara for the offences under Sections 143, 147, 148, 149, 504, 341, 323, 325, 307 of Indian Penal Code and Section 3(1)(r), 3(1)(S) and 3(2) (VA) of the Act of 1989 against the order dated 29.02.2024 passed by the learned Special Judge, SC/ST Act (Prevention of Atrocities) Act Cases, No.2, Bhilwara whereby the bail application

(2 of 3)

[2024:RJ-JD:24087]

[CRLAS-415/2024]

preferred under Section 439 Cr.P.C. on behalf of the appellant was rejected.

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Learned counsel for the appellant argued that the co-accused Puran Lal has been enlarged on bail vide order dated 10.05.2024 in S.B. Criminal Appeal No. 2484/2023 and so far as the applicant is concerned, neither any recovery has been made from him nor his name is mentioned in the CCTV footage report appended with the charge-sheet.

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Learned Public Prosecutor vehemently opposed the bail application by contending that other evidence on record clearly suggests applicant’s involvement in the offence of attempting to murder the injured person.

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Learned counsel for the complainant also vehemently opposed the bail application. 5. Having heard learned counsel for the parties and considering that the co-accused Puran Lal has been enlarged on bail by this Court and neither in the FIR nor in the CCTV footage report, the applicant's name finds mention, this Court is inclined to grant bail to the applicant, who is behind the bars since 26.02.2024.

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Consequently, the instant appeal is allowed. The impugned order dated 29.02.2024 passed by the learned Special Judge, SC/ ST Act (Prevention of Atrocities) Act Cases, No.2, Bhilwara is set aside.

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It is ordered that the accused-appellant Bheru @ Navratan

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@ Chimniya S/o Rameshwar Lal arrested in connection with

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FIR No. 241/2023 registered at Police Station Pur, District Bhilwara

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(3 of 3) [CRLAS-415/2024]

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[2024:RJ-JD:24087]

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shall be released on bail; provided he furnishes a personal bond in the sum of Rs.50,000/- and two surety bonds 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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(DINESH MEHTA),J

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25-Mak/-

Bheru @ Navratan @ Chimniya v. State of Rajasthan

Case brief

What is this about?

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Bheru @ Navratan @ Chimniya v. State of Rajasthan

Case brief

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What did the court decide?

What the court decided

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