Rajasthan High Court - Jodhpur
Albux vs State Of Rajasthan (2023/Rjjd/004860) on 10 February, 2023
Author: Manoj Kumar Garg
Bench: Manoj Kumar Garg
[2023/RJJD/004860]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal No. 64/2023
Shahrukh Khan S/o Jamal Khan, Aged About 28 Years, R/o
Chitri Badgi, P.S. Chitri, Dist. Dungarpur. Present R/o Near
Bedwa Bus Stand, Partapur, Teh. Garhi, Dist. Banswara.
(Presently Lodged In Dist. Jail, Banswara).
----Appellant
Versus
1. State Of Rajasthan
2. Ajay Muniya S/o Sh. Ganesh, R/o Garhi, Dist,. Banswara.
----Respondents
Connected With
S.B. Criminal Appeal (Sb) No. 1935/2022
Sharafat S/o Fakir Mohammad, Aged About 26 Years, R/o
Bedwa Partapur PS Gadhi Dist. Banswara.
(Confined In Dist. Jail Banswara)
----Appellant
Versus
1. State Of Rajasthan
2. Ajay Muniya S/o Ganesh, R/o Gadhi Police Station Gadhi
Dist. Banswara
----Respondents
S.B. Criminal Appeal (Sb) No. 1936/2022
Mustafa Khan S/o Khan Bahadur, Aged About 25 Years, R/o
Dungari Mohalla Partapur Tehsil Gadhi Dist. Banswara.
(Confined In Dist. Jail Banswara)
----Appellant
Versus
1. State Of Rajasthan
2. Ajay Muniya S/o Ganesh, R/o Gadhi Ps Gadhi Dist.
Banswara
----Respondents
S.B. Criminal Appeal (Sb) No. 2088/2022
1. Albux S/o Shri Hafijulla, Aged About 20 Years,
2. Sakir Hussain S/o Shri Sayeed Khan, Aged About 30
Years,
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[2023/RJJD/004860] (2 of 4) [CRLAS-64/2023]
3. Bilal S/o Bashir Mohd., Aged About 24 Years,
All rfesident of Dungari Mohalla Pratapur Ps Gadi Dist.
Banswara Raj.
4. Javed Mohd. S/o Rayees Mohd., Aged About 29 Years,
R/o Behind Gandhi Ashram Pratapur Ps Gadi Dist.
Banswara Raj.
(Presently Lodged In Dist. Jail Banswara)
----Appellants
Versus
1. State Of Rajasthan,
2. Ajay S/o Shri Ganesh Maniya Bheel, R/o Gadi Ps Gadi
Dist. Banswara Raj.
----Respondents
For Appellant(s) : Mr.Nishant Bora, Adv.
Mr.Firoz Khan, Adv.
Mr.Shambhoo Singh, Adv.
For Respondent(s) : Mr.S.K.Mehar, PP
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order 10/02/2023 Heard learned counsel for the appellants as well as learned learned public prosecutor and 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.255/2021, Police Station Garhi, Distt. Banswara for the offences under Sections 148, 149, 307, 302, 295(A), 153(A) of IPC and Sections 3(1)(r), 3(1)(S), 3(2)(Vs), 3(2)(Va) of SC/ST Act, against the orders dated 21.12.2022, (Downloaded on 10/02/2023 at 11:57:29 PM) [2023/RJJD/004860] (3 of 4) [CRLAS-64/2023] 18.11.2022, 16.11.2022 & 21.11.2022 passed by the learned Special Judge SC/ST (Prevention of Atrocities) Cases, Banswara in Criminal Misc. Case Nos.1060/2022, 970/2022, 964/2022 & 983/2022 respectively, whereby the bail application preferred on behalf of the appellants under Section 439 Cr.P.C. was rejected.
Earlier, the criminal appeals preferred by the appellants were dismissed by this Court vide common order dt. 11.05.2022 with liberty to file a fresh appeal after recording the statements of the injured-Hardik and Ajay.
Learned counsel for the appellants submits that the injured- Ajay has been examined in the court as PW-1 and he turned hostile. So far as injured-Hardik is concerned, according to the ordersheet of the trial court, he went abroad and did not appear before the trial court for his evidence. It is further contended that according to the statement of injured-Hardik recorded under Section 161 Cr.P.C. a specific averment has been made that co- accused Faizan inflicted knife injury to the deceased-Gaurav and the present accused-appellants gave beating to the injured person. No specific averement has been that the present appellants caused injuries to the deceased. The appellants are in judicial custody and the trial of the case will take sufficient long time. Therefore, the benefit of bail may be granted to the accused-appellants.
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 (Downloaded on 10/02/2023 at 11:57:29 PM) [2023/RJJD/004860] (4 of 4) [CRLAS-64/2023] application for bail filed on behalf of the appellant, cannot be sustained and deserves to be set aside.
Consequently, the instant appeals are allowed. The impugned orders dated 21.12.2022, 18.11.2022, 16.11.2022 & 21.11.2022 passed by the Special Judge SC/ST (Prevention of Atrocities) Cases, Banswara are set aside. It is ordered that the accused appellants (1) Shahrukh Khan S/o Jamal Khan, (2) Sharafat S/o Fakir Mohammad, (3) Mustafa Khan S/o Khan Bahadur, (4) Albux S/o Shri Hafijulla, (5) Sakir Hussain S/o Shri Sayeed Khan, (6) Bilal S/o Bashir Mohd. and (7) Javed Mohd. S/o Rayees Mohd. shall be released on bail in FIR No.255/2021, Police Station Garhi, Distt. Banswara 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 99-102 NK/-
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