Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:24765] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Appeal No. 695/2025 Parvej S/o Rashid Ahmed, Aged About 18 Years, R/o Naya Mohalla Chipabarod Police Station Chipabarod District Baran Rajasthan (Presently Confined In District Jail Baran) ----Appellant Versus
1. State Of Rajasthan, Through P.P.
2. Mr. Pawan S/o Khemraj, R/o Koli Mohalla, Thana Ke Samne, Chhipabarod Baran, (Raj) ----Respondents For Appellant(s) : Mr. Shafiqur Rahman with Ms. Saroj Jat For Respondent(s) : Mr. Naresh Kumar Gupta, PP HON'BLE MR. JUSTICE PRAMIL KUMAR MATHUR
Order 04/07/2025
1. This criminal appeal under Section 14(A) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter to be referred as 'the SC/ST Act’) has been filed on behalf of the appellant being aggrieved with the order dated 07.03.2025 passed by the learned Special Judge S.C./S.T. (Prevention of Atrocities Cases), Baran (hereinafter to be referred as ‘trial court’) in FIR No. 0056/2025 registered at Police Station Chipabarod, District-Baran for offences under Sections 189(2), 126(2), 115(2), 352, 109(1) of BNS and Sections 3(1)(s), 3(1)(r) & 3(2)(va) of SC/ST (POA) Act whereby the trial court has dismissed the bail application filed on behalf of the appellant.
2. Heard the learned counsel for the appellant as well as learned Public Prosecutor and perused the material on record.
[2025:RJ-JP:24765] (2 of 3) [CRLAS-695/2025]
3.
Learned counsel for the appellant submits that the appellant has falsely been implicated in this case. He further submits that the so called injury caused to the injured-Pawan is simple in nature and, according to medical opinion, is not dangerous to life. As per the statement of the victim-Pawan, the injury was inflicted by the co-accused-Sajid, who attacked on neck with a knife, resulting only in a simple injury. There are no criminal antecedents against the appellant. He again submits that the appellant is behind the Bars since 03.03.2025 and the charge-sheet has already been filed. He again submits that investigation/trial of the case may take considerable time, therefore, no fruitful purpose would be served by keeping the appellant in further custody, hence the appeal presented by the present appellant may be allowed.
4. Learned Public Prosecutor opposes the prayer made on behalf of the appellant.
5. Considering the facts and circumstances of the case and without commenting anything on the merits/demerits of the case, I deem it just and proper to allow the appeal filed by the appellant under Section 14-A(2) of SC/ST Act.
6. Accordingly, this criminal appeal filed under Section 14-A(2) of SC/ST Act is allowed and order dated 07.03.2025 passed by the learned trial court is set aside. It is directed that appellant- Parvej S/o Rashid Ahmed shall be released on bail provided he executes a personal bond in a sum of Rs.50,000/- with two sound and solvent sureties of Rs.25,000/- each to the satisfaction of learned trial court for his appearance before that court on each
[2025:RJ-JP:24765] (3 of 3) [CRLAS-695/2025] and every date of hearing and whenever called upon to do so till the completion of the trial.
(PRAMIL KUMAR MATHUR),J sunita/345