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2025 DAILYLAW 11968 (RAJ)

SAJID SON 0F SHRI SHAHID v. STATE OF RAJASTHAN

CRLAS/721/2025 · 2025-07-29

Pramil Kumar Mathur

Criminal Appealbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:28694] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Appeal (Sb) No. 721/2025 Sajid Son 0F Shri Shahid, Aged About 28 Years, Resident Of Naya Mohalla Chhipabarod, Police Station District Baran (Raj) (At Present Confined In District Jail, Baran) ----Appellant Versus 1. State Of Rajasthan, Through Pp 2. Pawan Son Of Khemraj, Resident Of Koli Mohalla, Thana Ke Samne Chhipabarod, Police Station Chhipabarod, District Baran (Raj) ----Respondents For Appellant(s) : Mr. Girish Khandelwal For Respondent(s) : Mr. Naresh Kumar Gupta, PP HON'BLE MR. JUSTICE PRAMIL KUMAR MATHUR Order 29/07/2025 1. This criminal appeal under Section 14-A(2) 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), Dholpur (hereinafter to be referred as ‘trial court’) in FIR No.0056/2025 registered at Police Station-Chhipabarod, District-Baran for the offences under Sections 189(2), 115(2), 126(2), 352, 109(1) of BNS and Sections 3(1)(r), 3(1)(s), & 3(2)(va) of SC/ST (POA) whereby the trial court has dismissed the bail application filed on behalf of the appellant. 2. Heard the learned counsel for the appellant, learned Public Prosecutor and counsel for the complainant and perused the material available on record. [2025:RJ-JP:28694] (2 of 2) [CRLAS-721/2025] 3. Learned counsel for the appellant submits that the appellant has falsely been implicated in this case. The appellant has himself lodged an FIR against the injured-Pawan, in which the appellant as well as other co-accused have got injuries. The alleged injuries caused to injured- Pawan are simple in nature. The medical opinion specifically states that alleged injury is not dangerous to life. He further submits that the appellant is behind the bars since 03.03.2025 and charge-sheet has 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- Sajid Son 0f Shri Shahid 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 and every date of hearing and whenever called upon to do so till the completion of the trial. (PRAMIL KUMAR MATHUR),J Sunita/21