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2025 DAILYLAW 14443 (RAJ)

TEJPAL YADAV SON OF SHRI GOPAL LAL YADAV v. THE STATE OF RAJASTHAN

CRLAS/845/2025 · 2025-05-22

Pramil Kumar Mathur

Criminal Appealbody2025

Judgment text

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[2025:RJ-JP:21614] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Appeal No. 845/2025 1. Tejpal Yadav Son Of Shri Gopal Lal Yadav, Aged About 22 Years, Resident Of Narayan Baba Ki Dhani, Khapariya Police Station Kaladera District Jaipur Rajasthan (At Present In Central Jail, Jaipur) 2. Ramavatar Yadav @ Tarachand Son Of Shri Ram Gopal Yadav @ Gopal Lal Yadav, Aged About 25 Years, Resident Of Narayan Baba Ki Dhani, Khapariya Police Station Kaladera District Jaipur Rajasthan (At Present In Central Jail, Jaipur) ----Appellants Versus 1. The State Of Rajasthan, Through Public Prosecutor 2. Banwari Lal Son Of Shri Shrawan Lal, Resident Of Meeno Ki Dhani, Khapariya Police Station Kaladera District Jaipur Rajasthan ----Respondents For Appellant(s) : Mr. Shailender Singh Balwada with Mr. Sohan Kumawat For Respondent(s) : Mr. Naresh Kumar Gupta, PP with Mr. Shubham Sain, AAAG Mr. Nanu Ram Bawaria HON'BLE MR. JUSTICE PRAMIL KUMAR MATHUR Order 22/05/2025 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 28.03.2025 passed by the learned Special Judge S.C./S.T. (Prevention of Atrocities Cases), Jaipur District Jaipur (Additional Session Judge No.2, Jaipur District Jaipur) (hereinafter to be referred as ‘trial court’) in FIR No. 0066/2025 registered at Police Station Kaladera, District-Jaipur Rural for [2025:RJ-JP:21614] (2 of 3) [CRLAS-845/2025] offences under Sections 189(2), 115(2), 126(2), 303(2), 74 of BNS and Sections 3(1)(r), 3(1)(s), & 3(2)(Va) of SC/ST Act, whereby the trial court has dismissed the bail application filed on behalf of the appellants. 2. Heard learned counsel for the appellants, learned Public Prosecutor as well as counsel for the complainant and perused the material on record. 3. Learned counsel for the appellants submits that the appellants have falsely been implicated in this case. He further submits that there was free fighting between the parties, to which cross-case was registered from appellants' side. As per CCTV footage, there is no evidence or proof about the use of assault or criminal force which affects the dignity or honor of the women. The so called injuries caused to all injured are simple in nature. The appellants are behind the Bar since 20.03.2025. The trial of the case may take considerable time, hence the appeal of the appellants may be allowed. 4. Learned Public Prosecutor and counsel for the complainant have vehemently opposed 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 14A(2) of SC/ST Act. 6. Accordingly, this criminal appeal filed under Section 14A(2) of SC/ST Act is allowed and order dated 28.03.2025 passed by the learned trial court is set aside. It is directed that appellants- (1) Tejpal Yadav Son Of Shri Gopal Lal Yadav and (2) Ramavatar Yadav @ Tarachand Son Of Shri Ram Gopal Yadav @ Gopal Lal Yadav 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 [2025:RJ-JP:21614] (3 of 3) [CRLAS-845/2025] 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/267