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2025 DAILYLAW 15557 (RAJ)

MANDEEP S/O HARPHOOL SINGH v. STATE OF RAJASTHAN

CRLAS/1035/2025 · 2025-06-25

Sudesh Bansal

Criminal Appealbody2025

Judgment text

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Appeal (Sb) No. 1034/2025 Mukesh Kumar S/o Maduram, Aged About 22 Years, Gusaiyon Tan Gram Kari Tehsil And Police Station Nawalgarh District Jhunjhunu (Accused / Presently Confined In District Jail, Jhunjhunu) ----Appellant Versus 1. State Of Rajasthan, Through Public Prosecutor 2. Mahaveer Prasad Meena S/o Sawatram Meena, Aged About 44 Years, Resident Of Kolsiya Police Station Nawalgarh, District Jhunjhunu (Rajasthan) ----Respondents Connected With S.B. Criminal Appeal (Sb) No. 1035/2025 Mandeep S/o Harphool Singh, Aged About 24 Years, Resident Of Village Badwasi Tehsil /police Station Nawalgarh District Jhunjhunu (Accused Presently Confined In District Jail, Jhunjhunu) ----Appellant Versus 1. State Of Rajasthan, Through Public Prosecutor 2. Mahaveer Prasad Meena S/o Sawatram Meena, Aged About 44 Years, Resident Of Kolsiya Police Station Nawalgarh, District Jhunjhunu (Rajasthan) ----Respondents For Appellant(s) : Mr. Arpan Kumar Sharma For Respondent(s) : Ms. Manju Dave, PP HON'BLE MR. JUSTICE SUDESH BANSAL ( V. J.) Order 25/06/2025 1. Instant appeals have been filed under Section 14A(2) of SC/ST (Prevention of Atrocities) Act, 1989 on behalf of appellants, who are in custody in connection with FIR No.215/2023 at Police Station Nawalgarh, District Jhunjhunu for the offences under Sections 147, 148, 149, 323, 307, 325, 427, 384, 382 & 506 IPC (2 of 3) [CRLAS-1034/2025] and Sections 3(1)(r)(s), 3(2)(v) & 3(2)(va) 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 appellants submits that the appellants are not named in the FIR as per impugned order, the main allegation of assault is against other co-accused Lalit & Satveer, who have been released on bail by the Coordinate Bench of this Court vide order dated 01.02.2024; appellants are in custody since 21.03.2025, there are no criminal antecedents against the appellants; charge- sheet has been filed, the conclusion of trial may take considerable time, therefore, appellants be enlarged on bail. 4. Learned Public Prosecutor has opposed the criminal appeals. 5. Having heard learned counsel for appellants and learned Public Prosecutor and perused the material available on record and having considered contentions of counsel for appellants as noted hereinabove, there are no previous criminal antecedents against appellants and they are in custody since 21.03.2025, however, without commenting on merits of the case, this Court is of the opinion that appellants deserves to be released on bail. 6. Consequently, the instant appeals are allowed. The impugned orders dated 01.04.2025 & 07.04.2025 passed by the Special Judge, SC/ST, (Prevention of Atrocities Cases), Jhunjhunu, Rajasthan are set aside. It is ordered that accused-appellants Mukesh Kumar S/o Maduram & Mandeep S/o Harphool Singh arrested in aforesaid FIR, shall be released on bail, if not (3 of 3) [CRLAS-1034/2025] required in any other case, provided each of them 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 as and when called upon to do so. (SUDESH BANSAL ( V. J.)),J RONAK JAIMAN /156&157