Allowed

Hari Singh v. State of Rajasthan

Rajasthan HC1 Jul 2024CRLAS/891/2024

Case brief

AI extract

What is this about?

The appellant was denied bail by the trial court in a case involving offences under IPC and the SC/ST (PoA) Act. The High Court allowed the criminal appeal, set aside the bail rejection order, and granted bail on personal and surety bonds, noting that injuries were not dangerous to life and the trial would take time.

What did the court decide?

Bail granted on personal bond of Rs. 1,00,000/- and two surety bonds of Rs. 50,000/- each, subject to submitting bank and Aadhar details.

Hari Singh Vs State of Rajasthan — Caste Atrocities | Rajasthan HC (2024)

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[2024:RJ-JD:26260]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Appeal No. 891/2024

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Hari Singh S/o Mohan Singh, Aged About 30 Years, R/o Ajit, P.S. Samdari, District Balotra. (Lodged In Dist. Jail Balotra)

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----Appellant

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Versus

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State of Rajasthan through PP 2. Mangilal S/o Bhomaram, R/o Ajit, P.S. Samdari, District Balotra.

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----Respondents

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For Appellant(s)	: Mr. J.V.S. Deora
For Respondent(s)	: Mr. A.R. Choudhary,PP

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HON'BLE MR. JUSTICE RAJENDRA PRAKASH SONI

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Order

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01/07/2024

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Instant Criminal appeal has been preferred to enlarge the appellant on bail under Section 14-A (1) of the SC/ST (Prevention of Atrocities) Amendment act 2015 and being aggrieved of the order dated 05.06.2024 passed by learned Special Judge, SC and ST (Prevention of Atrocities Cases), Balotra, (Additional District & Sessions Judge, Balotra) in Criminal Misc. Case No.214/2024 rejecting the bail application preferred on behalf of the appellant who is in custody in connection with FIR No.79/2024, Police Station Samdari, District Balotra, for offences under Sections 341, 323, 354, 307, 509 of IPC and Sections 3(1)(r)(s)(w)(i), 3(2)(va) of the SC/ST (Prevention of Atrocities) Act.

(2 of 4)

[2024:RJ-JD:26260]

[CRLAS-891/2024]

Notice of the appeal has been served upon the respondent No.2. However, no one has appeared to oppose the appeal on his behalf.

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Learned counsel representing the appellant vehemently urged that the appellant is innocent person and a false case has been foisted against him; that entire allegations so leveled by the police against the appellant is totally false and baseless; that there is no concrete evidence to show direct nexus between the appellant and alleged crime, rather case of the prosecution is based on surmises and conjectures instead of sound legal evidence. With the aforesaid submissions, it was prayed that the present appeal be allowed and appellant may be enlarged on bail.

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From the other side, learned Public Prosecutor for the State has strongly objected the submissions made by learned counsel for the appellant and submitted that there is overwhelming evidence adduced on record which would prima-facie point towards the guilt of the appellant; that keeping in view the gravity of offence alleged to have been committed by him, he does not deserve any leniency, rather he needs to be dealt with severely. He thus, prayed that in the facts of the present case, it is expedient that accused be kept in the custody.

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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.

[2024:RJ-JD:26260]

[CRLAS-891/2024]

(3 of 4)

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 petitioner cannot be completely overlooked. In the present case it is prima facie seen that two persons namely Reshmadevi and Khammadevi have received injuries. As per the x-ray report, none of the injury caused to any of the injured has been found to be dangerous to life. The petitioner is in custody since his arrest; that the bail rejection order goes to show that appellant is not involved in any other case; that the trial is likely to take its own considerable time and no useful purpose would be served by keeping him in detention for an indefinite period. In that view of the matter, this Court is of the opinion that the appellant deserves indulgence of bail and thus, the order rejecting the application for bail filed on behalf of the appellant cannot be sustained.

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Consequently, the appeal is allowed. The order dated 05.06.2024 passed by learned Special Judge, SC and ST (Prevention of Atrocities Cases), Balotra, (Additional District & Sessions Judge, Balotra) in Criminal Misc. Case No.214/2024 is set aside and it is ordered that the accused-appellant Hari Singh S/o Mohan Singh arrested in connection with FIR No.79/2024 Police Station Samdari, District Balotra shall be released on bail during pendency of the trial; provided he furnishes 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

(4 of 4)

[2024:RJ-JD:26260]

[CRLAS-891/2024]

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 his 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 Appeal is disposed of.

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(RAJENDRA PRAKASH SONI),J

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67-suraj/-

Hari Singh v. State of Rajasthan

Case brief

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Hari Singh v. State of Rajasthan

Case brief

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