Allowed

Bhagwati Prashad Son of Shri Bhairu Ram v. State of Rajasthan

Rajasthan HC16 Jul 2024CRLAS/999/2024

Case brief

AI extract

What is this about?

Appeals against bail rejection in five connected SC/ST case appeals involved IPC and ST Act offences. The High Court ordered release on bail for five accused-appellants.

What did the court decide?

Five accused-appellants directed to be released on bail by furnishing a personal bond of Rs.1,00,000/- with two sureties of Rs.50,000/- each and appearing on all subsequent dates.

Bhagwati Prashad Son of Shri Bhairu Ram Vs State of… — Caste Atrocities | Rajasthan HC (2024)

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[2024:RJ-JP:29755]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Appeal (Sb) No. 999/2024

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Bhagwati Prashad Son Of Shri Bhairu Ram, Aged About 38 Years, Resident O Fram Kutiya Nari Ka Bas, Police Station Kalwar District Jaipur (Presently Confined At Jail, Jaipur) ----Appellant

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Versus

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State Of Rajasthan, Through Pp

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Kalu Ram Meena Son Of Shri Bhura Lal Meena, Aged About 67 Years, Resident Of Guwardi Police Station Kaladera District Jaipur

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----Respondents

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Connected With

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S.B. Criminal Appeal (Sb) No. 1096/2024

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Rajesh Kadwa S/o Shri Kishnaram, Aged About 40 Years, R/o Village Nadoli Medatiya Police Station Gacchipura District Kuchaman Deedwana, Rajasthan At Present Residing At Plot No. 183, Brij Mandal Colony, Kalwar Road, Police Station Jhotwara Distt. Jaipur (Accused Appellant Is In Judicial Custody At Central Jail Jaipur) ----Appellant

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Versus

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State Of Rajasthan, Through P.p

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Shri Kaluram Meena S/o Bhuramal Meena, R/o Guwardi Kaladera Jaipur Rural Rajasthan

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----Respondents

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S.B. Criminal Appeal (Sb) No. 1097/2024

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Arjun Choudhary Son Of Shri Hanuman Sahai, Aged About 27 Years, Resident Of Village Jitarwalon Ki Dhani, Paya Wala Nada, Ramkui Pachar, Police Station Kalwar District Jaipur (Raj) (At Present In District Jail Sikar) ----Appellant

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Versus

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State Of Rajasthan, Through Public Prosecutor

[CRLAS-999/2024]

[2024:RJ-JP:29755]

(2 of 4)

Kaluram Meena Son Of Shri Bhuramal Meena, Resident Of Village Guwardi Kaladera Tehsil Chomu, District Jaipur

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----Respondents

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S.B. Criminal Appeal (Sb) No. 1126/2024 Ramswaroop Son Of Bhairuram, Aged About 40 Years, Resident Of Sabrampura Machwa, Police Station Kalwar District Jaipur (At Present Accused Appellant Confined In Central Jail Jaipur)

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----Appellant

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Versus

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State Of Rajasthan, Through Public Prosecutor 2. Kaluram Meena Son Of Shri Bhuramal Meena, Resident Of Village Guwardi Tehsil Chomu District Jaipur

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----Respondents

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S.B. Criminal Appeal (Sb) No. 1150/2024

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Ganesh Son Of Prabhatram, Aged About 30 Years, Resident Of Machwa Police Station Kalwar District Jaipur (At Present Accused Appellant Confined In Central Jail Jaipur) ----Appellant

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Versus

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State Of Rajasthan, Through Public Prosecutor 2. Kaluram Meena Son Of Shri Bhuramal Meena, Resident Of Village Guwardi Tehsil Chomu, District Jaipur

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----Respondents

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For Appellant(s) : Mr. Vijay Singh Shekhawat, Adv., Mr. Rajneesh Gupta, Adv., Mr. Amit Punia, Adv., Mr. Babu Lal Bairwa, Adv., Ms. Saroj Kumari Trivedi, Adv. For : Mr. Imran Khan, P.P.

[2024:RJ-JP:29755]

(3 of 4)

[CRLAS-999/2024]

Respondent(s)

Mr. Mahesh Gupta, Adv.

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HON'BLE MR. JUSTICE UMA SHANKER VYAS Judgment / Order 16/07/2024

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These present criminal appeals under Section 14-A of the Scheduled Castes & the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short “the Act of 1989”) have been filed in connection with FIR No.106/2024 registered at Police Station Kaladera, District Jaipur Rural for the offence under Section(s) 143, 323, 341, 504, 336 & 382 of IPC and under Section(s) 3-1(R)(S), 3-2(V),(VA) of the Act of 1989.

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It is contended by learned counsel for appellants that appellants are innocent and have falsely been implicated in these cases. They further submit that accused-appellants have been in judicial custody since long and the conclusion of the trial will take long time, hence prays for their release on bail.

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Learned Public Prosecutor as well as the learned counsel for complainant(s) have opposed these appeals.

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Taking into consideration the overall facts and circumstances of these cases, but without expressing any opinion on the merits and demerits of these cases, this Court deems it just and proper to enlarge appellants on bail.

[CRLAS-999/2024]

[2024:RJ-JP:29755]

(4 of 4)

The orders dated 13.05.2024, 09.05.2024, 27.05.2024 passed by the learned Special Judge, SC/ST (Prevention of Atrocities Cases), Jaipur, District Jaipur are quashed and set-aside and these appeals are accordingly allowed. It is directed that accused appellants 1.Bhagwati Prashad S/o Shri Bhairu Ram, 2.Rajesh Kadwa S/o Shri Kishnaram, 3.Arjun Choudhary S/o Shri Hanuman Sahai, 4.Ramswaroop S/o Bhairuram & 5.Ganesh S/o Prabhatram shall be released on bail provided each of them furnishes a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac Only) together with two sureties in the sum of Rs.50,000/(Rupees Fifty Thousand Only) each to the satisfaction of the learned trial Court with the stipulation that they shall appear before that Court and any Court to which the matter is transferred, on all subsequent dates of hearing and as and when called upon to do so and shall comply with all the conditions laid down under Section 437(3) Cr.P.C.

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A copy of this order be placed in each connected files.

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(UMA SHANKER VYAS),J

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DANISH USMANI /398-402

Bhagwati Prashad Son of Shri Bhairu Ram v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Bhagwati Prashad Son of Shri Bhairu Ram v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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