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2025 DAILYLAW 12267 (RAJ)

KAILASH CHANDRA S/O LATE GANPATRAM v. STATE OF RAJASTHAN

CRLAS/736/2025 · 2025-04-08

Pramil Kumar Mathur

Criminal Appealbody2025

Judgment text

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[2025:RJ-JP:15686] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Appeal (Sb) No. 736/2025 Kailash Chandra S/o Late Ganpatram, Aged About 62 Years, R/o Badapana Ward No. 11 Village Bhodki Police Station Gudha Gaudji District Jhunjhunu (At Present Confined In District Jail Jhunjhunu) ----Appellant Versus 1. State Of Rajasthan, Through Public Prosecutor Jhunjhunu 2. Kamlesh Son Of Ramlal, Resident Of Athwas Police Station Fatehpur Sadar District Sikar ----Respondents For Appellant(s) : Mr. Amit Sharma with Ms. Neeta Pareek For Respondent(s) : Mr. Jaiprakash Tiwari, PP HON'BLE MR. JUSTICE PRAMIL KUMAR MATHUR Judgment 08/04/2025 1. This criminal appeal under Section 14A(3) 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 12.03.2025 passed by the learned Special Judge S.C./S.T. (Prevention of Atrocities Cases), Jhunjhunu (hereinafter to be referred as ‘trial court’) in FIR No. 90/2025 registered at Police Station Gudha-Gaudji District Jhunjhunu for the offence under Sections 189(2), 331(6), 351(3) & 61(2) of BNS & 3 (1)(G)(r)(s), [2025:RJ-JP:15686] (2 of 3) [CRLAS-736/2025] 3(2)(v), 3(2),(va) of SC/ST 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. 3. Learned counsel for the appellant submits that the appellant is behind the bars since last one month. He is senior citizen. A chunk of land has been purchased by the appellant from the father of the complainant and no case of any injury by the appellant is made out against so called complainant. The appellant is in possession of the chunk of land and he has been falsely implicated in the present case. He further submits that investigation/trial of the case may take considerable time. Therefore, 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 appellants under Section 14-A(3) of SC/ST Act. 6. Accordingly, this criminal appeal filed under Section 14-A(3) of SC/ST Act is allowed and order dated 12.03.2025 passed by the learned trial court is set aside. It is directed that appellant Kailash Chandra S/o Late Ganpatram 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:15686] (3 of 3) [CRLAS-736/2025] and every date of hearing and whenever called upon to do so till the completion of the trial. (PRAMIL KUMAR MATHUR),J bmg/222