Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:17170] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Appeal (Sb) No. 782/2025
1. Shivraj S/o Bhanwar Singh, Aged About 25 Years, R/o Village Chaugai P.s. Jhirana District Tonk (Presently Confined To District Jail Tonk)
2. Narendra S/o Bhanwar Singh, Aged About 23 Years, R/o Village Chaugai P.s. Jhirana District Tonk (Presently Confined To District Jail Tonk)
3. Virendra S/o Laxman Singh, Aged About 20 Years, R/o Village Chaugai P.s. Jhirana District Tonk (Presently Confined To District Jail Tonk) ----Appellants Versus
1. State Of Rajasthan, Through Pp
2. Murli Meena S/o Ramjivan Meena, R/o Inayatganj Jhirana Tonk Rajasthan ----Respondents For Appellant(s) : Mr. Gajendra Singh Rathore For Respondent(s) : Mr. Jaiprakash Tiwari, PP HON'BLE MR. JUSTICE PRAMIL KUMAR MATHUR
Judgment 23/04/2025
1. This criminal appeal under Section 14A(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 appellants being aggrieved with the order dated 12.03.2025 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. 24/2025 registered at Police Station Jhirana, District Tonk for the offence under Sections 126(2), 115(2), 109(1), 3(5) of the BNS, 2023 and 3(1)(R), 3(1)
[2025:RJ-JP:17170] (2 of 3) [CRLAS-782/2025] (S), 3(2)(v), 3(2)(va) of SC/ST Act whereby the trial court has dismissed the bail application filed on behalf of the appellants.
2. Heard the learned counsel for the appellants and learned Public Prosecutor and perused the material on record.
3.
Learned counsel for the appellants submits that all the accused persons have falsely been implicated in the case. There is cross-FIR against the appellants. Appellant No.3 was not named in the FIR, there is no medical opinion by which it can be inferred that the caused injuries are dangerous to life and even there is no injury on the vital part of the injured. Appellants are behind the bars since 3.3.2025 and trial of the case will take time.
4. Learned Public Prosecutor opposes the prayer made on behalf of the appellants.
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(2) of SC/ST Act.
6. Accordingly, this criminal appeal filed under Section 14-A(2) of SC/ST Act is allowed and order 12.03.2025 passed by the learned trial court is set aside. It is directed that appellants- Shivraj S/o Bhanwar Singh, Narendra S/o Bhanwar Singh and Virendra S/o Laxman Singh, shall be released on bail provided each of them 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 their appearance before that
[2025:RJ-JP:17170] (3 of 3) [CRLAS-782/2025] 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 bmg/203