Chuni Lal vs State Of Rajasthan
2021 Latest Caselaw 17947 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Appeal (Sb) No. 1064/2021 Chuni Lal S/o Bhanwarlal, Aged About 35 Years, B/c Regar, R/o Rampuriya, P.S. - Begu, District Chittorgarh (Raj.) (At Present Lodged In District Jail, Chittorgarh)

----Appellant Versus

1. State Of Rajasthan, Through Pp

2. Pintu S/o Var Singh, B/c Dhakad, R/o Ratambha, P.S. Rampuria, Tehsil Petlavad, District Jhabua, (Madhya Pradesh)

----Respondents Connected With S.B. Criminal Appeal (Sb) No. 1145/2021 Sushil Dhakar S/o Kanahaiya Lal, Aged About 27 Years, B/c Dhakar, R/o Rampuriya, P.S. Begun, Dist. Chittorgarh.

(At Present Lodged In Dist. Jail, Chittorgarh).

----Appellant Versus

1. State Of Rajasthan, Through Pp

2. Pintu S/o Var Singh, R/o Ratamba, P.S. Rampuriya, Tehsil Petlawad, Dist. Jhabua (MP).

----Respondents S.B. Criminal Appeal (Sb) No. 1166/2021 Banwari Lal Regar S/o Shri Bagadi Ram, Aged About 21 Years, B/c Regar, R/o Rampuriya, Police Station Begun, District Chittorgarh.

(At Present Lodged In District Jail, Chittorgarh)

----Appellant Versus

1. State Of Rajasthan, Through Pp

2. Pintu S/o Var Singh, R/o Ratamba, Police Station Rampuriya, Tehsil Petlawad, District Jhabua (Madhya pradesh)

----Respondents

(2 of 3) [CRLAS-1064/2021]

For Appellant(s) : Mr.Vijay Jyani, Adv.

Mr.Deepak Menaria, Adv.

For Respondent(s) : Mr.A.R.Choudhary, PP

HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Judgment

29/11/2021

Heard learned counsel for the appellants and learned public

prosecutor. Perused the material available on record.

The instant appeals have been filed under Section 14A (2)

Scheduled Castes and the Scheduled Tribes (Prevention of

Atrocities) Act on behalf of the appellants, who are in custody in

connection with FIR No.121/2021, Police Station Begu, Distt.

Chittorgarh for the offences under Sections 147, 148, 341, 342,

323, 327, 307, 302, 384 IPC and Section 3(2)(V) of SC/ST Act,

against the common order dated 21.09.2021 passed by the

learned Special Judge SC/ST (Prevention of Atrocities) Cases,

Chittorgarh in Criminal Misc. Case Nos.108/2021 (790/2021) and

109/2021(791/2021) respectively whereby, the bail applications

preferred on behalf of the appellants under Section 439 Cr.P.C.

was rejected.

Learned counsel for the appellants submits that the

appellants have not committed the offences alleged against them

and they are innocent. Similarly situated co-accused Gopal

Krishna, Kanhaiya Lal @ Ashish Kumar and Balkishan have already

been granted bail by this Court and the case of the present

petitioners is not distinguishable from those of the co-accused.

(3 of 3) [CRLAS-1064/2021]

Challan of the case has already been presented. Thus, the learned

court below has grossly erred in law and facts as well as in

declining to release the appellants on bail.

Learned Public Prosecutor has opposed the prayer for bail.

Having regard to the entirety of facts and circumstances of

the case and upon a consideration of the arguments advanced at

the bar, this Court is of the opinion that the order rejecting the

application for bail filed on behalf of the appellants, cannot be

sustained and deserves to be set aside.

Consequently, the instant appeals are allowed. The impugned

order dated 21.09.2021 passed by the learned Special Judge

SC/ST (Prevention of Atrocities) Cases, Chittorgarh is set aside. It

is ordered that the accused appellants (1) Chuni Lal S/o

Bhanwarlal, (2) Sushil Dhakar S/o Kanahaiya Lal and (3) Banwari

Lal Regar S/o Shri Bagadi Ramshall be released on bail in FIR

No.121/2021, Police Station Begu, Distt. Chittorgarh provided

each of them furnishes a 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.

(MANOJ KUMAR GARG),J

170-172 NK/-

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