Rajasthan High Court
Mukut Bihari S/O Shri Kanhaiyalal vs State Of Rajasthan on 16 March, 2022
Bench: Farjand Ali
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Appeal (Sb) No. 37/2022
1. Mukut Bihari S/o Shri Kanhaiyalal, R/o Bankya P.s.
Sultanpur District Kota (At Present Confined At Central
Jail Kota)
2. Latooralal S/o Shri Ratanlal, R/o Bankya P.s. Sultanpur
District Kota (At Present Confined At Central Jail Kota)
----Appellants
Versus
1. State Of Rajasthan, Through P.p
2. Smt. Anokh Bai Erwal W/o Rajendra Erwal, R/o Bankya
P.s. Sultanpur District Kota Rural Rajasthan
----Respondents
For Appellant(s) : Mr. Abdul Rahim Khan
For Respondent(s) : Mr. Nitranjan Singh through VC
For State : Mr. S.K. Mahala, PP
HON'BLE MR. JUSTICE FARJAND ALI
Judgment / Order
16/03/2022
The instant appeal has been filed under Section 14A(2)
SC/ST (Prevention of Atrocities) Act on behalf of the appellants
Mukut Bihari S/o Shri Kanhaiyalal & Latooralal S/o Shri Ratanlal,
who are in custody in connection with FIR No.252/2021, Police
Station Sultanpur, District Kota (Rural), for the offences under
Sections 341, 323 & 34 of IPC and Section 3(1)(r), 3(1)(s) & 3(2)
(va) of the SC/ST (Prevention of Atrocities) Act.
Heard learned counsel for the appellants, learned counsel for
the complainant and learned Public Prosecutor. Perused the
material available on record.
It is submitted by learned counsel for the appellants that
accused-appellants have falsely been implicated in the case. They
(2 of 2) [CRLAS-37/2022]
have nothing to do with the alleged offences. They are behind the
bars since their arrest.
Per contra, learned Public Prosecutor and learned counsel for
the complainant have vehemently opposed the appeal.
As per the parcha-bayan of deceased-Anokh Bai, the
assailants were Pappu Gurjar, Suresh Gurjar and Narendra Gurjar
who bashed her up and as a result thereof, she succumbed to her
injuries. As per autopsy report, death of the deceased occurred
due to spleen rapture. There are only two injuries. After
investigation, challan has been filed. The deceased has not
levelled any allegation against the petitioner while her statement
was recorded by a police officer. Looking to the totality of facts
and circumstances of the case, and upon a consideration of the
arguments advanced, I am of the opinion that the appellants
deserve to be enlarged on bail.
Consequently, the instant appeal is allowed. The impugned
order dated 21.12.2021 passed by the Special Judge, SC/ST
(Prevention of Atrocities) Cases, Jaipur Metropolitan-I, Jaipur is
set aside. It is ordered that the accused-appellants- Mukut Bihari
S/o Shri Kanhaiyalal & Latooralal S/o Shri Ratanlal arrested
in connection with aforesaid FIR, shall be released on bail, if not
wanted in any other case, provided each of them furnishes a
personal bond of Rs. 50,000/- and two sureties of Rs. 25,000/-
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.
(FARJAND ALI),J
ARTI SHARMA /89
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