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2025 DAILYLAW 13561 (RAJ)

VIRENDRA SINGH @ KALU SINGH RAWAT @ KALU DON S/O AMAR SINGH v. STATE OF RAJASTHAN

CRLAS/805/2025 · 2025-07-30

Anil Kumar Upman

Criminal Appealbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:29023] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Appeal (Sb) No. 805/2025 Virendra Singh @ Kalu Singh Rawat @ Kalu Don S/o Amar Singh, Aged About 28 Years, R/o Vill. Gal Makhupura P.s. Adarshnagar, District Ajmer (At Presently Confined In Central Jail Ajmer) ----Appellant Versus 1. State Of Rajasthan, Through Public Prosecutor 2. Vijay Kumar Nogoya S/o Rajesh Kumar, R/o Gali No. 13, Khanpura Road, Subhash Nagar, Ramganj (Ajmer) At Present R/o Jagdama Auto Shop Makhupura Adarash Nagar Ajmer ----Respondents For Appellant(s) : Mr. Govind Upadhyay For Respondent(s) : Mr. N.S. Dhakar, PP with Mr. Tapesh Agarwal, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 30/07/2025 1. The instant appeal has been filed under Section 14A(2) SC/ST (Prevention of Atrocities) Act being aggrieved of the order dated 11.03.2025 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Ajmer in Bail Application No.217/2025 rejecting the bail application preferred on behalf of the appellant, who is in custody in connection with FIR No.17/2025 registered at Police Station Adarsh Nagar (Ajmer), District Ajmer for the offences punishable under Sections 189(2), 115(2), 126(2), 333, 352 & 351(2) of the Bharatiya Nyaya Sanhita, (in short ‘BNS’) 2023 and Sections 3(1)(r), 3(1)(s) & 3(2) (va) of SC/ST (Prevention of Atrocities) Act, 1989 (Amendment 2015). [2025:RJ-JP:29023] (2 of 3) [CRLAS-805/2025] 2. It is contended by learned counsel for the appellant that appellant has falsely been implicated in this case. Counsel submits that omnibus allegations have been levelled against the appellant. It is contended that trial will take considerable time in its conclusion. Counsel submits that appellant is in custody since his date of arrest and further custody of the appellant would not serve any fruitful purpose. 3. Per contra, learned Public Prosecutor opposes the prayer of bail made in this appeal and submits that appellant is a habitual offender as 18 other cases have been registered against him. 4. Heard learned counsel for the appellant and learned Public Prosecutor. Perused the material available on record. 5. Having regard to the totality of the facts and circumstances; considering the arguments advanced at bar, especially considering the fact that omnibus allegations have been levelled against the appellant and trial will take considerable time in its conclusion as well as looking to the custody period, but without expressing any opinion on merits/demerits of this case, this Court deems it just and proper to enlarge the appellant on bail. 6. Consequently, the instant appeal is allowed. The impugned order dated 11.03.2025 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Ajmer in Bail Application No.217/2025 is set aside. It is ordered that the accused-appellant Virendra Singh @ Kalu Singh Rawat @ Kalu Don S/o Amar Singh arrested in connection with FIR No.17/2025 registered at Police Station Adarsh Nagar (Ajmer), District Ajmer, shall be released on bail, if not wanted in any other case, provided he [2025:RJ-JP:29023] (3 of 3) [CRLAS-805/2025] furnishes a personal bond of Rs.50,000/- and two sureties of Rs.25,000/- each 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. 7. Considering the criminal antecedents of the appellant, it is directed that the accused-appellant shall not involve in any other offence(s) during currency of the bail and he shall mark his presence in the first week of every month in the concerned police station till conclusion of the trial. It is further directed that the accused-appellant shall not contact the complainant/witnesses of this case in any manner. 8. Concerned SHO is directed to maintain a register recording the attendance of the appellant. In case the appellant fails to mark his presence in the concerned police station, the concerned SHO is directed to immediately report the matter to the concerned Court in this regard. 9. Office is directed to send a copy of this order to the concerned SHO for compliance. 10. If breach of any of these conditions is reported or come to the notice of the Court, the same shall alone be a reason for the trial court to cancel the bail granted to him by this Court. 11. The observation made hereinabove is only for decision of the instant appeal (bail) and would not have any impact on the trial of the case in any manner. (ANIL KUMAR UPMAN),J pcg/390