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2025 DAILYLAW 15606 (RAJ)

SHADAB ANSARI S/O SULTAN ABDUL NASIR v. STATE OF RAJASTHAN

CRLAS/981/2025 · 2025-06-25

Sudesh Bansal

Criminal Appealbody2025

Judgment text

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[2025:RJ-JP:23519] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Appeal (Sb) No. 981/2025 Shadab Ansari S/o Sultan Abdul Nasir, Aged About 27 Years, R/o Masjid Ke Pas Chandraghata P.s. Nakbara Kota City At Present Surya Nagar, Jagpura P.s. Ranpur Kota (At Present Confined At Central Jail Kota) ----Appellant Versus 1. State Of Rajasthan, Through Pp 2. Manoj Kumar S/o Mohanlal, R/o Surya Nagar Jagpura Ranpura Kota City Raj ----Respondents For Appellant(s) : Mr. Abdul Rahim Khan, 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.55/2025 registered at Police Station Ranpur, District Kota City for the offences under Sections 115(2), 126(2), 109(1), 118(1) and 3(5) of BNS and Sections 3(1) (r)(s) and 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 accused-appellant submits that scuffle occurred between both the parties on the incident of breaking the light in the night, all of sudden; appellant is in since date of his arrest. Counsel further submits that the injuries sustained by Bhairu Lal and Piyush are simple in nature, and although injuries [2025:RJ-JP:23519] (2 of 3) [CRLAS-981/2025] sustained by Savitri are grievous and dangerous to life but same cannot be attributed to appellant only; there is no criminal antecedents of accused-appellant of similar nature of offence; conclusion of trial is likely to take considerably long time, therefore, accused-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 nature of allegation leveled against the accused-appellant in the FIR and appellant is in custody since sufficiently long period, conclusion of trial would obviously 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 04.04.2025 passed by the Special Judge, SC/ST, Prevention of Atrocities Cases, Kota, Rajasthan is set aside. It is ordered that accused-appellant Shadab Ansari S/o Sultan Abdul Nasir 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, on following conditions:- (i) that the accused-appellant shall not repeat the similar nature of offence during bail granted by this Court. (ii) that the accused-appellant shall not tamper with and influence any of the prosecution witnesses; [2025:RJ-JP:23519] (3 of 3) [CRLAS-981/2025] (iii) that if the accused-appellant commits breach of any of the conditions, the respondents shall be free to move application for bail cancellation of accused-appellant. (SUDESH BANSAL (V.J.)), J Tushar/154