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Rajasthan High Court - Jodhpur

Anna Singh @ Anveer Singh vs State Of Rajasthan on 23 March, 2021

Author: Sandeep Mehta

Bench: Sandeep Mehta

     HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                      JODHPUR
                  S.B. Criminal Appeal No. 175/2021

1.     Anna Singh @ Anveer Singh S/o Moti Singh, Aged About

       65    Years,     Lasadiya,         Police       Station         Bhim,    District

       Rajsamand.         (At        Present      Lodged          In     District     Jail

       Rajsamand).
2.     Dau Singh S/o Moti Singh, Aged About 38 Years,

       Lasadiya, Police Station Bhim, District Rajsamand. (At

       Present Lodged In District Jail Rajsamand).
3.     Chain Singh S/o Moti Singh, Aged About 32 Years,

       Lasadiya, Police Station Bhim, District Rajsamand. (At

       Present Lodged In District Jail Rajsamand).
4.     Ishwar Singh S/o Anna Singh @ Anveer Singh, Aged

       About 19 Years, Lasadiya, Police Station Bhim, District

       Rajsamand.         (At        Present      Lodged          In     District     Jail

       Rajsamand).
                                                                        ----Appellants
                                      Versus
1.     State Of Rajasthan, Through P.P
2.     Narayan Lal S/o Ratna Ram, Lasadiya, Police Station

       Bhim, District Rajsamand.
                                                                   ----Respondents


For Appellant(s)           :     Mr. Vikram Singh
For Respondent(s)          :     Mr. A.R. Choudhary, PP



            HON'BLE MR. JUSTICE SANDEEP MEHTA

Judgment 23/03/2021 Learned Public Prosecutor has placed on record the report regarding the service of notice of the appeal upon the (Downloaded on 23/03/2021 at 08:59:59 PM) (2 of 3) [CRLAS-175/2021] complainant/respondent No.2. However, no one has appeared on his behalf despite service.

Heard. Perused the material available on record. This appeal has been preferred on behalf of the appellants under Section 14A(2) of the SC/ST (Prevention of Atrocities) Amendment Act 2015 being aggrieved of the order dated 01.02.2021 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Rajsamand in Cr. Misc. Bail Application No.07/2021 (CIS No.35/2021) rejecting the bail application preferred on behalf of the appellants who are in custody in connection with FIR No.563/2020, Police Station Bhim, District Rajsamand, for the offences under Sections 341, 323, 307, 34 IPC and Sections 3(1)(r)(s), 3(2)(v), 3(2)(va) of the SC/ST (Prevention of Atrocities) Act.

On a perusal of the injury report of the injured Shrawanlal, it is apparent that three abrasions were found on his person, none of which, was opined to be grievous in nature after x-ray.

In this background and having regard to the overall facts and circumstances of the case, this Court is of the opinion that the appellants are entitled to be released on bail.

Consequently, the appeal is allowed. The order dated 01.02.2021 is set aside and it is ordered that the accused- appellants (1) Anna singh @ Anveer Singh S/o Shri Moti Singh (2) Dau Singh S/o Shri Moti Singh, (3) Chain Singh S/o Shri Moti Singh & (4) Ishwar Singh S/o Shri Anna Singh @ Anveer Singh arrested in connection with FIR No.563/2020 Police Station Bhim, District Rajsamand shall be released on bail during pendency of the trial; provided each of them furnishes personal bond of Rs.50,000/- and two surety bonds of Rs.25,000/- each to the (Downloaded on 23/03/2021 at 08:59:59 PM) (3 of 3) [CRLAS-175/2021] 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.

(SANDEEP MEHTA),J 230-Sudhir Asopa/-

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