Dismissed

Munfed @ Buggi Son of Sardara Khan v. State of Rajasthan

Rajasthan HC23 Sept 2024CRLAS/791/2024

Case brief

AI extract

What is this about?

This criminal appeal arises from the dismissal of a bail application. The appellant, convicted of offences under the SC/ST Act and IPC including murder, challenged the trial court's refusal to grant bail. The High Court, relying on police evidence of a knife attack resulting in death and noting remaining material witnesses, dismissed the appeal and refused bail. Notably, the case involves a refere

What did the court decide?

Appeal dismissed; bail application filed by appellant in the trial court is not extended.

Munfed @ Buggi Son of Sardara Khan Vs… — Pension and Retirement Benefits | Rajasthan HC (2024)

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[2024:RJ-JP:40341]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Appeal (Sb) No. 791/2024

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Munfed @ Buggi Son Of Sardara Khan, Aged About 26 Years, Resident of Dantla Police Station Khairthal, District Khairthal Tizara (Petitioner Is In Judicial Custody At Central Jail, Alwar)

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----Appellant

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Versus

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State of Rajasthan, through Public Prosecutor

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Ashok Kumar Son Of Guganram, Resident of Ward No. 25, Khigarchi, Police Station Khairthal District Khairthal Tizara (Raj)

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----Respondents

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For Appellant(s)	: Mr. Ashok Yadav
For Respondent(s)	: Mr. N.S. Dhakad, Public Prosecutor
	with Ms. Arti Sharma, Public
	Prosecutor

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HON'BLE MR. JUSTICE GANESH RAM MEENA

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Order

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23/09/2024

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This criminal appeal under Section 14A(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 06.03.2024 passed by the learned Special Judge SC/ST (Prevention of Atrocities) Cases, Alwar (hereinafter to be referred as ‘trial court’) in Bail Application No.112/2024 filed under Section 439 Cr.P.C. in connection with FIR No.556/2023 registered at Police Station Khairthal, District Khairthal-Tijara for offences 147, 148, 149, 323, 341, 302 IPC and Sections 3(1)(r), 3(1)(s) & 3(2)

(2 of 3)

[2024:RJ-JP:40341]

[CRLAS-791/2024]

(v) of the SC/ST Act, whereby, the trial Court has dismissed the bail application filed on behalf of the appellant.

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Learned counsel for the appellant submits that the accusedappellant has been falsely implicated in this case. Learned counsel further submits that the injuries which are cause of death as per the post-mortem report have not been attributed to the present accused-appellant. Learned counsel further submits that the appellant is in custody since 22.10.2023.

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Learned counsel further submits that some of the witnesses have also been examined before the learned trial Court and there are several material contradictions in the statements of the prosecution witnesses recorded so far. Therefore, the appeal of the accused-appellant may be allowed.

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On the other hand, learned Public Prosecutor has opposed the prayer made on behalf of the appellant and submits that the accused-appellant alongwith other co-accused having constituted unlawful assembly came on the spot and inflicted knife blows to Yogendra which resulted into his death. Therefore, appeal of the accused-appellant may be dismissed.

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Considered the submissions made by learned counsel for the accused-appellant as well as learned Public Prosecutor and also perused the challan papers.

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As per the evidence collected by the Police during investigation, the accused-appellant alongwith co-accused came on the spot on a motorbike and made attack on Amit and

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[2024:RJ-JP:40341] (3 of 3)

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[CRLAS-791/2024]

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Yogendra and caused injuries by knife which resulted into death of Yogendra.

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Taking into consideration the allegations against the accusedappellant so also the manner in which the accused-appellant alongwith other co-accused came on the spot and made attack on Amit and Yogendra which resulted into death of Yogendra and further other material witnesses are yet to be examined by the learned trial Court, this Court is not inclined to enlarge the accused-appellant on bail.

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Accordingly, the appeal filed on behalf of the accusedappellant is dismissed.

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(GANESH RAM MEENA),J

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Ashish Kumar /106

Munfed @ Buggi Son of Sardara Khan v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Munfed @ Buggi Son of Sardara Khan v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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