Rajasthan High Court
Subhash Kumhar S/O Bholuram vs State Of Rajasthan ... on 9 October, 2023
Bench: Anil Kumar Upman
[2023:RJ-JP:27888]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Appeal (SB) No. 2654/2023
Subhash Kumhar S/o Bholuram, Resident Of Village Gogawas
Police Station Dantaramgarh, District Sikar (Raj) (Presently
Confined In District Jail Sikar (Raj)
----Appellant
Versus
1. State Of Rajasthan, Through P.p
Non-Petitioner
2. Sushila Verma D/o Narayanlal, Resident Of Gogawas,
P.s.dantaramgah, District Sikar (Raj)
----Complainant-Respondent
For Appellant(s) : Mr. Rajneesh Gupta
For Respondent(s) : Mr. Atul Sharma, P.P.
Mr. Mahendra Singh Rathore with
Mr. Girraj Prasad, for the complainant
HON'BLE MR. JUSTICE ANIL KUMAR UPMAN
Judgment / Order
09/10/2023
1. The instant appeal has been filed under Section 14A SC/ST
(Prevention Of Atrocities) Act on behalf of the appellant, who is in
custody in connection with FIR No.281/2023 registered at Police
Station Dantaramgarh, District Sikar, for the offences under
Sections 143, 341 & 323 of IPC and Sections 3(1)(r), 3(1)(s) &
3(2)(va) of the SC/ST (Prevention Of Atrocities) Amendment Act.
After completion of the investigation, charge-sheet has been filed
for the offences under Sections 341, 323, 325 & 308 IPC and
Sections 3(1)(r), 3(1)(s) & 3(2)(v) of the SC/ST (Prevention Of
Atrocities) Amendment Act.
[2023:RJ-JP:27888] (2 of 3) [CRLAS-2654/2023]
2. It is contended by learned counsel for the appellant that the
appellant has falsely been implicated in this case. He further
submits that according to the FIR, allegation of causing head
injury is against Chhoturam, which is further corroborated by the
statement of injured Raju recorded under Section 161 CrPC. He
also submits that there is omnibus allegation against the present
appellant. The injury allegedly caused to injured Raju has been
opined to be grievous in nature. After completion of investigation,
police has filed chargesheet in this matter before the learned trial
court and thus, no fruitful purpose would be served by keeping the
appellant behind the bars. The appellant is in custody since
22.08.2023 and trial will take long time in its conclusion. There
are no criminal antecedents of the appellant.
3. Per contra, learned State-counsel assisted by the learned
counsel representing the complainant and the injured have
vehemently opposed the bail application. They submit that the
appellant is named in the FIR and he has also caused injury on the
person of Raju.
4. Heard learned counsel for the appellant, learned counsel for
the complainant and learned State-counsel. Perused the material
available on record.
5. Having regard to the totality of the facts and circumstances;
considering the arguments advanced by learned counsel for both
the parties and especially the fact that the allegation of causing
head injury is against Chhoturam, charge-sheet has been filed in
this matter, period of custody and absence of criminal
antecedents, but without expressing any opinion on
[2023:RJ-JP:27888] (3 of 3) [CRLAS-2654/2023]
merits/demerits of this case, this Court deems it just and proper
to enlarge the appellant on bail.
6. Consequently, the instant appeal is allowed. The impugned
order dated 22.08.2023 passed by the Special Judge, SC/ST
(Prevention Of Atrocities) Cases, Sikar is set aside. It is ordered
that the accused-appellant-Subhash Kumhar S/o Bholuram
arrested in connection with aforesaid FIR, shall be released on
bail, if not wanted in any other case, provided he/she 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.
(ANIL KUMAR UPMAN),J
Manish/154
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