Rajasthan High Court
Lalit Son Of Sanvarmal vs State Of Rajasthan on 1 February, 2024
Author: Birendra Kumar
Bench: Birendra Kumar
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Appeal (Sb) No. 3313/2023
Lalit Son Of Sanvarmal, Aged About 22 Years, Resident Of
Kolsiya Police Station Navalgarh, District Jhunjhunu (Raj)
(Presently Confined In District Jail, Jhunjhunu)
----Appellant
Versus
1. State Of Rajasthan, Through P.p
2. Mahaveer Prasad Son Of Savatram, Aged About 42 Years,
Resident Of Kolsiya, Police Station Navalgar, Dsitrict
Jhunjhunu (Raj)
3. Mahaveer Prasad Son Of Jhabarsingh, Resident Of
Kolsiya, Police Station Navalgar, District Jhunjhunu (Raj)
----Respondents
Connected With
S.B. Criminal Appeal (Sb) No. 2851/2023
Satveer S/o Bhomaram Tetarwal, Aged About 28 Years, R/o
Kolasiya, P.s. Nawalgarh, District Jhunjhunu (Raj) (At Present
Confined In District Jail Jhunjhunu
----Appellant
Versus
1. State Of Rajasthan, Through P.p
2. Mahaveer Prasad S/o Sawat Ram Meena, Aged About 42
Years, R/o Kolsiya P.s. Nawalgarh Dist. Jhunjhunu
----Respondents
For Appellant(s) : Mr. Arpan Kumar Sharma, through
V.C.
Ms. Prabha Sharma, through V.C.
Mr. Rhishi Raj Singh Rathore, through
V.C.
Mr. Jaswant Singh Rathore, through
V.C.
For Respondent(s) : Mr. Ankit Khandelwal, P.P., through
V.C.
(2 of 3) [CRLAS-3313/2023]
HON'BLE MR. JUSTICE BIRENDRA KUMAR
Judgment
01/02/2024
1. Heard the parties.
2. These present criminal appeals under Section 14 of the
SC/ST (Prevention of Atrocities) Act is against refusal of grant of
regular bail in FIR No.215/2023 registered with Police Station
Navalgarh, District Jhunjhunu for offences under Sections 147,
148, 149, 323, 307, 384 , 427, 382 and 506 IPC.
3. The appellants are in custody since 21.07.2023 and
14.08.2023 respectively. According to the FIR, co-accused Satveer
along with unknown persons came in a four wheeler and
committed mischief damaging the articles as well as committed
assault. After investigation of the case, police found a case under
Section 325 IPC and not under Section 307 IPC, made out.
4. Learned Public Prosecutor has opposed the appeal.
5. Considering the nature of allegations and nature of available
material there is no need for further detention of the appellants.
6. Accordingly, orders dated 11.09.2023 and 26.10.2023
passed by the learned Special Judge, SC/ST (Prevention of
Atrocities Cases), Jhunjhunu are set-aside and these appeals are
allowed and it is directed that the above named accused-
appellants be released on bail in the aforesaid FIR, if they are not
wanted in any other case, provided that each of them furnishes a
personal bond of Rs.25,000/- with two sureties of like amount to
the satisfaction of the learned trial court with following
conditions:-
(3 of 3) [CRLAS-3313/2023]
(i) the appellants shall fully co-operate in the trial, failing which,
the trial judge would be at liberty to cancel the bail bonds of the
appellant.
(ii) the appellants shall not leave the Country without permission
of the trial Court otherwise it would amount to disobedience of the
order of this Court and would amount for cancellation of bail.
(BIRENDRA KUMAR),J
29-30 - Ravi Khandelwal
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