Surendra Alias Surya S/O Kalulal vs State Of Rajasthan ...
2023 Latest Caselaw 5975 Raj/2

[2023:RJ-JP:29203]

HIGH COURT OF JUDICATURE FOR RAJASTHAN
            BENCH AT JAIPUR

     S.B. Criminal Miscellaneous Bail Application No.
                            10015/2023

Rohit @ Bafla S/o Nawal Kishor, Aged About 19
Years, R/o Lanka Colony, Baran, Police Station
Kotwali Baran, District Baran (Raj.) (At Present In
District Jail Baran)
                                                         ----Petitioner
                                Versus
State Of Rajasthan, Through Pp
                                                     ----Respondent

Connected With S.B. Criminal Appeal (Sb) No. 1959/2023 Deepak Prajapati Son Of Ramprasad, Aged About 20 Years, Resident Of Lanka Colony, Baran Police Station Kotwali, Baran, District Baran (Raj) (At Present In District Jail Baran)

----Petitioner Versus

1. State Of Rajasthan, Through P.p

2. Dhawan Jatav Son Of Shri Prakash Jatav, Aged About 22 Years, Resident Of Bhullanpura, Mohalla, Guna Police Station Kotwali Sahar District Guna (M.p)

----Respondents S.B. Criminal Appeal (Sb) No. 2967/2023 Manish Kumar @ Bittu Son Of Ashok Kumar, Aged About 26 Years, Resident Of Shivaji Colony, Baran, Police Station Kotwali Baran District Baran (Rajasthan) (At Present In District Jail Baran)

----Petitioner Versus

1. State Of Rajasthan, Through Pp

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2. Dhawan Jatav Son Of Prakash Jatav, At Present Resident Of Gajju Yadav Ka Makan Khajupura Ward Baran Police Station Kotwali Baran , District Baran (Rajasthan) Permanent Resident Of Bhullanpura Mohalla Guna, Guna Kotwali Guna, (Madhya Pradesh)

----Respondents S.B. Criminal Miscellaneous Bail Application No. 13111/2023 Sunil @ Poxi S/o Late Hari Singh, Aged About 22 Years, R/o Lanka Colony Baran P.s. Kotwali Baran Dist Baran. (At Present In Central Jail Baran).

----Petitioner Versus

1. State Of Rajasthan, Through Pp

2. Dhawan Jatav S/o Prakash Jatav, R/o Bhullanpura Guna Kotwali, Guna M.p. At Present Hall Rented House, Gajju Yadav Ka Makan Khaurpura Ward Baran Dist Baran Raj.

----Respondents S.B. Criminal Miscellaneous Bail Application No. 13132/2023 Surendra Alias Surya S/o Kalulal, Aged About 25 Years, R/o Bajrang Garh, Police Station Nahargarh, At Present Residing At Housing Board Colony, Godiyapura Road, Baran, Police Station Kotwali Baran, District Baran (Rajasthan) (At Present Confined In District Jail, Baran)

----Petitioner Versus

1. State Of Rajasthan, Through Pp

2. Dhawan Jatav S/o Shri Prakash Jatav, R/o Rented House Of Gajju Yadav, Khajupura Ward, Baran, Police Station Kotwali Baran, District

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Baran (Raj.)

----Respondents

For Petitioner(s) : Mr. Buddhi Prakash Meena, Adv., Mr. Shafiqur Rahman, Adv., Mr. Girish Khandelwal, Adv., Mr. Jitendra Jain, Adv.

For                      : Mr. Bhawani Shankar Sharma,
Respondent(s)              P.P.

HON'BLE MR. JUSTICE UMA SHANKER VYAS

Judgment / Order

13/10/2023

Learned Public Prosecutor has submitted the

report wherein, it has been mentioned that

victim/complainant(s) has been informed. The same

is taken on record. Despite that, no one is present on

behalf of the victim/complainant(s). Thus, service is

treated as complete.

In S.B. Criminal Miscellaneous Bail Application Nos. 10015/2023, 13111/2023 & 13132/2023:

These bail applications has been filed by

petitioners under Section 439 Cr.P.C. seeking regular

bail in FIR No.358/2023 registered at Police Station

Kotwali Baran, District Baran (Rajasthan) for the

offence(s) under Section(s) 147, 148, 149, 323, 324,

325, 307 & 504 IPC and under Section(s) 3(1)(r)(s)

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& 3(2)(v)(va) of the Scheduled Castes & the

Scheduled Tribes (Prevention of Atrocities) Act, 1989.

Learned counsel for petitioners submit that

accused-petitioners are innocent and they have been

falsely implicated in these cases. They further submit

that charge sheet has been filed. They also submit

that accused-petitioners have been in judicial custody

since long and the conclusion of the trial will take

long time, hence petitioners may be enlarged on bail.

Learned Public Prosecutor appearing for the

State has opposed these bail applications.

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

petitioners on bail.

Accordingly, these bail applications filed under

Section 439 Cr.P.C. are allowed and it is ordered that

accused-petitioners 1.Rohit @ Bafla S/o Nawal

Kishor, 2.Sunil @ Poxi S/o Late Hari Singh &

3.Surendra Alias Surya S/o Kalulal shall be

released on bail, provided each of them furnishes a

personal bond in the sum of Rs.1,00,000/- with two

sureties of Rs.50,000/- each to the satisfaction of the

trial Court, with the stipulation that petitioners shall

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appear before that Court on all subsequent dates of

hearing and as and when called upon to do so.

In S.B. Criminal Appeal (Sb) Nos. 1959/2023 & 2967/2023:

The present criminal appeals under Section 14-

A of the Scheduled Castes & the Scheduled Tribes

(Prevention of Atrocities) Act, 1989 has been filed in

connection with FIR No.358/2023 registered at Police

Station Kotwali Baran, District Baran (Rajasthan) for

the offence(s) under Section(s) 147, 148, 149, 323,

324, 325, 307 & 504 IPC and under Section(s) 3(1)

(r)(s) & 3(2)(v)(va) of the Scheduled Castes & the

Scheduled Tribes (Prevention of Atrocities) Act, 1989.

It is contended by learned counsel for

appellants that appellants are innocent and have

falsely been implicated in these cases. They further

submit that charge sheet has been filed. They also

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.

Learned Public Prosecutor has opposed these

appeals.

Taking into consideration the overall facts and

circumstances of these cases, but without expressing

any opinion on the merits and demerits of these

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cases, this Court deems it just and proper to enlarge

appellants on bail.

The orders dated 06.07.2023 & 28.08.2023

passed by the learned Special Judge, SC/ST

(Prevention of Atrocities Cases), Baran (Rajasthan)

are quashed and set-aside and these appeals are

accordingly allowed. It is directed that accused

appellants 1.Deepak Prajapati S/o Ramprasad &

2.Manish Kumar @ Bittu S/o Ashok Kumar 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.

A copy of this order be placed in each

connected files.

(UMA SHANKER VYAS),J

DANISH USMANI /78-82

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