Allowed

Ravi Kumar v. State of Rajasthan

Rajasthan HC12 Aug 2024CRLAS/734/2024

Case brief

AI extract

What is this about?

The High Court of Rajasthan allowed criminal appeals to enlarge the bail of accused persons charged with grievous hurt and SC/ST Act offences. Setting aside the rejected bail applications from the lower Special Court, the court released the appellants on personal and surety bonds subject to specific conditions.

What did the court decide?

Appeals allowed; orders of jail rejection set aside; appellants released on bail with prescribed bonds and documentary conditions.

Ravi Kumar Vs State of Rajasthan — Bail and Remand | Rajasthan HC (2024)

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[2024:RJ-JD:33467]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Appeal No. 733/2024

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Ravindra Kumar @ Parvindra S/o Shri Mohan Lal, Aged About 30 Years, R/o Ward No.12, Bolwali, P.S. Sangaria, District Hanumangarh. (Lodged In District Jail, Hanumangarh)

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Surendra Singh S/o Shri Jarnel Singh, Aged About 35 Years, R/o Bolawali, P.S. Sangaria, District Hanumangarh. (Lodged In District Jail, Hanumangarh)

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----Appellants

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Versus

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State Of Rajasthan, Through Pp 2. Ganesha Ram S/o Nanu Ram, R/o Bolawali Tehsil Sangaria, District Hanumangarh.

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----Respondents

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Connected With

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S.B. Criminal Appeal No. 734/2024

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Ravi Kumar S/o Shri Mukesh Kumar, Aged About 23 Years, R/o Ward No.1, Bolwali, P.S. Sangaria, District Hanumangarh. (Lodged In District Jail, Hanumangarh)

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----Appellant

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Versus

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1.	State Of Rajasthan,Through Pp
2.	Ganesha Ram S/o Nanu Ram,	R/o Bolwali,
	Tehsil Sangaria,District Hanumangarh.

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----Respondents

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For Appellant(s)	: Mr. Mahendra Singh Soni
	Mr. Ashok Kumar
	Mr. Jagdish Kumar Vishnoi on behalf
	of Mr. Devi Lal Rawla
For Respondent(s)	: Mr. Arun Kumar,PP

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HON'BLE MR. JUSTICE RAJENDRA PRAKASH SONI Order

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12/08/2024

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Instant Criminal appeals have been preferred to enlarge the appellants on bail under Section 14A of the SC/ST (Prevention of Atrocities) Amendment act 2015 and being aggrieved of the orders dated 30.04.2024 and 01.05.2024 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Cases,

[2024:RJ-JD:33467]

[CRLAS-733/2024]

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Hanumangarh in Criminal Misc. Case Nos.205/2024 and 208/2024 rejecting the bail application preferred on behalf of the appellants who are in custody in connection with FIR No.83/2024, Police Station Sangaria, District Hanumangarh, for offences under Sections 323, 341, 326, 34 of IPC and Sections 3 (1) (S), 3 (2) (v) of the SC/ST (Prevention of Atrocities) Act.

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Learned Public Prosecutor filed a report of service of notice issued to the private respondents. Despite service of notice, no one is present today on behalf of the private respondents.

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I have given my thoughtful consideration to the arguments advanced by learned counsel for the parties and have perused the record carefully.

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Having regard to the facts of the case and taking into account totality of circumstances, in my considered opinion, the submissions made by learned counsel for the appellants cannot be completely overlooked. Allegations against petitioners are that they committed injury by sharp weapon upon Omprakash and caused grievous hurt. The charge-sheet has already been filed; that the trial is likely to take its own considerable time and no useful purpose would be served by keeping them in detention for an indefinite period. In that view of the matter, this Court is of the opinion that the appellants deserve indulgence of bail and thus, the order rejecting the application for bail filed on behalf of the appellants cannot be sustained.

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Consequently, the appeals are allowed. The orders dated 30.04.2024 and 01.05.2024 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Hanumangarh in Criminal Misc. Case Nos.205/2024 and 208/2024 are set aside and it is

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ordered that the accused-appellants 1. Ravindra Kumar @ Parvindra S/o Shri Mohan Lal, 2. Surendra Singh S/o Shri Jarnel Singh and 3. Ravi Kumar S/o Shri Mukesh Kumar arrested in connection with FIR No.83/2024 Police Station Sangaria, District Hanumangarh shall be released on bail during pendency of the trial; provided each of them furnish personal bond of Rs. 1,00,000/- and two surety bonds of Rs.50,000/- 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 and if not required by Jail Authorities in any other case. This order is subject to the condition that accused, within 7 days of their release and sureties, on the day of furnishing bail, will also furnish details of their all bank accounts, with bank and branch name, in shape of an affidavit, and submit legible copy of their Aadhar cards as well as front page of Bank pass book, for smooth recovery of penalty amount, if there arise a need for recovery of penalty under Section 446 Cr.P.C in future.

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With the abovesaid directions, the Criminal Appeals are disposed of.

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(RAJENDRA PRAKASH SONI),J

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96-97-suraj/-

Ravi Kumar v. State of Rajasthan

Case brief

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Ravi Kumar v. State of Rajasthan

Case brief

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