Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:23517] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Appeal (Sb) No. 768/2025 Manish S/o Dwaraki Lal Father/o Dwaraki Lal, Aged About 21 Years, Resident Of Gagron Police Station Mandawar Presently Residing At Dhanwada Jhalawar Police Station Kotwali Jhalawar District Jhalawar (Raj) (Presently Confined In District Jail Jhalawar) ----Appellant Versus
1. State Of Rajasthan, Through Pp
2. Durgesh S/o Kalyan Bheel, Aged About 25 Years, Resident Of Dhanwada Jhalawar Police Station Kotwali Jhalawar District Jhalawar (Raj) ----Respondents For Appellant(s) : Mr. Anubodh Subodh Jain, Advocate. For Respondent(s) : Ms. Manju Dave, Public Prosecutor.
HON'BLE MR. JUSTICE SUDESH BANSAL (V.J.)
Order 25/06/2025
1. Instant appeal has been filed under Section 14A(2) of SC/ST (Prevention of Atrocities) Act 1989 on behalf of appellant, who is in custody in connection with FIR No.46/2025 at Police Station Kotwali Jhalawar, District Jhalawar for the offences under Sections 126(2), 115(2), 109(1), 352, and 119(1) of BNS and Section 3(2) (v) of the SC/ST (Prevention of Atrocities) Act.
2. Learned Public Prosecutor submits that information to the complainant has already been sent. However, no one has put in appearance on behalf of the complainant.
3. Counsel for the appellant submits that the injuries have been found to be of simple in nature; petitioner is in custody since
[2025:RJ-JP:23517] (2 of 2) [CRLAS-768/2025] 24.01.2025; there are no criminal antecedents of the accused- appellant involving similar nature of offences; conclusion of trial is likely to take considerably long time, therefore, appellant be enlarged on bail.
4. Learned Public Prosecutor has opposed the criminal appeal.
5. Having heard learned counsel for accused-appellant and learned Public Prosecutor and perusing the material available on record and taking into consideration the facts that injuries sustained by the injured are of simple nature; there are no criminal antecedents of the accused-appellant involving similar nature of offences; conclusion of trial is likely to take considerably long time, however, without commenting on merits of the case, this Court is of the opinion that accused-appellant deserves to be released on bail.
6. Consequently, the instant appeal is allowed. The impugned
order dated 17.03.2025 passed by the Special Judge, SC/ST, Prevention of Atrocities Cases, Jhalawar, Rajasthan is set aside. It is ordered that accused-appellant Manish S/o Dwaraki Lal arrested in aforesaid FIR, shall be released on bail, if not required in any other case, provided he furnishes a personal bond of Rs. 50,000/- 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.
(SUDESH BANSAL (V.J.)), J Tushar/151