Dismissed

Kalulal S/O Chunnilal v. State of Rajasthan

Rajasthan HC27 May 2024CRLAS/44/2024

Case brief

AI extract

What is this about?

The High Court of Rajasthan dismissed the criminal appeal against the rejection of bail. The court held that given the recovery of the deceased's body outside the appellants' boundary and DNA evidence found on items recovered at their instance, bail should not be allowed.

What did the court decide?

The criminal appeal was dismissed. The order rejecting the bail application was allowed implicitly.

Kalulal S/O Chunnilal Vs State of Rajasthan — Caste Atrocities | Rajasthan HC (2024)

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[2024:RJ-JP:25076]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Appeal (Sb) No. 44/2024

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Kalulal S/o Chunnilal, R/o Badiya Gordhanpura P.S. Asnawar, Dist. Jhalawar (Raj) (At Present Confined in Central Jail Jhalawar)

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Rambabu S/o Kalulal, R/o Badiya Gordhanpura P.S. Asnawar Dist. Jhalawar (At Present Confined in Central Jail Jhalawar)

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----Appellants

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Versus

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State of Rajasthan through PP

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Mansingh S/o Parthilal, R/o Badiya Gordhanpura, P.S. Asnawar Dist. Jhalawar

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----Respondents

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For Appellant(s) : Mr. Amit Dadhich For Respondent(s) : Mr. Atul Sharm, PP

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HON'BLE MR. JUSTICE ANIL KUMAR UPMAN

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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(2) SC/ST (Prevention of Atrocities) Amendment Act 2015 against the order dated 05.12.2023 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Jhalawar in Bail Application No.411/2023 rejecting the bail application preferred on behalf of the appellants, who are in custody in connection with FIR No.69/2022 registered at Police Station Asanawar, District Jhalawar for the offences punishable under Sections 302 and 34 of IPC and Section 3(2)(va) of SC/ST (Prevention of Atrocities) Act.

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It is submitted by learned counsel for the appellants that the appellants have falsely been implicated in this case. It is submitted that only 8 witnesses have been examined out of 18

(2 of 2)

[2024:RJ-JP:25076]

[CRLAS-44/2024]

cited witnesses. According to the testimony of PW2- Vinod Kumar, at the time of registration of FIR, appellants were in custody of police. Appellants are in custody since 10.04.2022. There are no criminal antecedents of the appellants. Charge-sheet has been filed in this matter. Further custody of the appellants would not serve any fruitful purpose.

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Per contra, learned Public Prosecutor opposes the prayer of bail and submits that dead body of the deceased was found outside the boundary wall of the house of the appellants. He further submits that DNA of deceased has been recovered from the articles namely- Axe ( Kulhari), Dhoti, Baniyan & stone and same has been recovered at the instance of the appellants.

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Heard learned counsel for the appellants 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 consideration of the arguments advanced at bar, especially the facts that dead body of the deceased has been recovered outside the boundary wall of the house of the appellants and so also considering the fact that DNA of the deceased has been found on the aforesaid articles, I am not inclined to allow this appeal.

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Accordingly, the instant criminal appeal is dismissed.

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(ANIL KUMAR UPMAN),J

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DEEPA RANI -48

Kalulal S/O Chunnilal v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Kalulal S/O Chunnilal v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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