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2025 DAILYLAW 10262 (RAJ)

SUNIL KUMAR S/O SANWARMAL v. STATE OF RAJASTHAN

CRLAS/651/2025 · 2025-05-23

Maneesh Sharma

Criminal Appealbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:21872] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Appeal (Sb) No. 651/2025 Sunil Kumar S/o Sanwarmal, R/o Meela Ka Bas Tan Keru Police Station Nawalgarh District Jhunjhunu (At Present Confined In District Jail Jhunjhunu) ----Appellant Versus 1. State Of Rajasthan, Through Special Public Prosecutor 2. Gokulram S/o Chajuram Meghwal, R/o Sewda Basti, Bar- wasi P.s. Nawalgarh, District Jhunjhunu ----Respondents For Appellant(s) : Mr. Vinay Pal Yadav For Respondent(s) For Complainant : : Mr. Vivek Sharma, AGA None HON'BLE MR. JUSTICE MANEESH SHARMA Order 23/05/2025 1. The instant appeal has been filed under Section 14A SC/ST (Prevention of Atrocities) Amendment Act 2015 being aggrieved of the order dated 01.03.2025 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Jhunjhunu (Raj.) in Bail Application No.56/2025 rejecting the bail application preferred on behalf of the appellant, who is in custody in connection with FIR No.430/2024 registered at Police Station Nawalgarh, District Jhun- jhunu for the offences punishable under Sections 103(1) BNS and Section 3(2)(v) of SC/ST (Prevention of Atrocities) Act. 2. It is submitted by learned counsel for the appellant that the appellant has falsely been implicated in this case. It is submitted that looking to the allegations of the FIR, the present case does not fall under Sections 105 and 118(2) BNS; rather at the most, it can be a case of negligent driving. He further submits that peti- tioner is in custody since 15.12.2024. Charge-sheet has been filed [2025:RJ-JP:21872] (2 of 2) [CRLAS-651/2025] and trial will take considerable time. Further custody of the appel- lant would not serve any fruitful purpose and appeal of appellant may be allowed. 3. Per contra, learned Addl. Government Advocate opposes the prayer of bail. 4. Despite information, no one has put in appearance on behalf of the complainant. 5. Heard learned counsel for the appellant and learned Addl. Government Advocate. Perused the material available on record. 6. Having regard to the totality of facts and circumstances as available on record and upon consideration of the arguments ad- vanced at bar, that it is a case of road accident and charge-sheet has been filed; petitioner is in judicial custody since 15.12.2024, but without commenting anything on the merits/demerits of the case, I am of the opinion that the appellant deserves to be en- larged on bail, in its aforesaid background. 7. Consequently, the instant appeal is allowed. The impugned order dated 01.03.2025 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Jhunjhunu (Raj.) is set aside. It is ordered that the accused-appellant- Sunil Kumar S/o Sanwar- mal, shall be released on bail, if not wanted in any other case, provided she furnishes a personal bond of Rs.50,000/- and two sureties of Rs.25,000/- 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. (MANEESH SHARMA),J SOURAV /337