Mahaveer Singh vs State of Rajasthan - 2023 Supreme(Raj) 2333

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Raj) 2333

IN THE HIGH COURT OF RAJASTHAN
RAJENDRA PRAKASH SONI, J.
Mahaveer Singh and others - Appellants
Versus
State of Rajasthan and other - Respondents
S.B. Criminal Appeal No. 1049 of 2023
Decided on : 20-06-2023

Advocates:
Advocate Appeared:
For the Appellants : Mr. Vikram Singh.
For the Respondents: Mr. Laxman Solanki, Mr. K.L. Chouhan

Headnote:(A) SC/ST (Prevention of Atrocities) Amendment Act, 2015 - Section 14A(2) - Criminal Procedure Code - Section 446 - Bail application rejection - The court granted bail to the appellants, overturning the lower court's order on grounds that the complainant lacked visible injuries and possibly fabricated the case - Proper conditions were stipulated for the release. (Para 1, 5, 6)

Facts of the case:
The appeal was filed by appellants who were in custody for various IPC offences and violations of the SC/ST Act, challenging the rejection of their bail application.

Findings of Court:
The court found that the appellants were entitled to bail based on the circumstances of the case, including the complainant's alleged manipulation of facts.

Issues: The main issue addressed was whether the appellants were entitled to bail given the lack of evidence of injury to the complainant and the nature of the offences charged.

Ratio Decidendi: The court determined that the lack of substantial injuries coupled with the allegations of manipulation warranted the grant of bail to the appellants, emphasizing due process and the nature of the offences involved.

Result: Appeal allowed and the lower court's order set aside.

Table of Content
1. details of the appeal and offenses. (Para 1)
2. arguments for and against bail. (Para 2 , 3 , 4)
3. court's opinion on bail eligibility. (Para 5)
4. court's conclusion and bail order. (Para 6)

ORDER :

Rajendra Prakash Soni, J. - 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 08.06.2023 passed by learned Special Judge, SC/ST Cases, Rajsamand in Misc. Criminal Case No.65/2023 (CIS No.403/2023) rejecting the bail application preferred on behalf of the appellants who are in custody in connection with FIR No.212/2023, Police Station Devgarh, District Rajsamand, for offences under Sections 147 , 341, 323, 324, 504, 336/149 of the IPC and under Sections 3(1)(r)(s) and 3(1)(za)(b), 3(2)(va) of the SC/ST (Prevention of Atrocities) Act.

2. I have been addressed by the counsel for the parties at length, as also have been taken through the record. I have also considered the respective submissions.

3. Learned counsel Shri Vikram Singh submits that no internal and external injuries were found to the complainant and the complainant manipulated the story against the appellants. He thus, craves indulgence of bail in this case.

4. Per contra, learned Public Prosecutor and counsel for the complainant have vehemently and fervently opposed the submissions advanced by appellants' counsel.

5. 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.

6. Consequently, the appeal is allowed. The order dated 08.06.2023 passed by learned Special Judge SC/ST Cases, Rajsamand is set aside and it is ordered that the accused-appellants (1) Mahaveer Singh S/o Parmeshwar Singh, (2) Khim Singh @ KP S/o Ram Singh & (3) Yashwant Singh @ Dinesh Singh S/o Vijay Singh arrested in connection with FIR No.212/2023 Police Station Devgarh, District Rajsamand shall be released on bail during pendency of the trial; provided they furnish a personal bonds and two surety bonds of sufficient amount 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. This order is subject to the condition that accused, within 7 days of their release and sureties, on the day of furnishing bail, will also furnish details of their all bank accounts, with bank and branch name, in shape of an affidavit and submit legible copy of their Aadhar cards as well as front page of Bank pass book, for smooth recovery of penalty amount, if there arise a need for recovery of penalty under Section 446 Cr.P.C in future.

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