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2025 DAILYLAW 15729 (RAJ)

RAJENDRA KUMAR S/O SHRI DEVISHANKAR v. THE STATE OF RAJASTHAN

CRLAS/951/2025 · 2025-05-22

Pramil Kumar Mathur

Criminal Appealbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:21626] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Appeal (Sb) No. 951/2025 Rajendra Kumar S/o Shri Devishankar, - R/o Mendi, Police Station Dablana, At Present Residies Shyopuriya Ki Bawadi, Sadar Police Station, District Bundi (Rajasthan) (At Present Lodge At District Jail Bundi) ----Appellant Versus 1. The State Of Rajasthan, Through PP 2. Prabhu Lal S/o Shri Uda Lal, R/o Shyopuriya Ki Bawadi Bundi Sadar Bundi (Rajasthan). ----Respondents For Appellant(s) : Mr. Sudarshan Kumar Laddha For Respondent(s) : Mr. Naresh Kumar Gupta, PP with Mr. Shubham Sain, AAAG HON'BLE MR. JUSTICE PRAMIL KUMAR MATHUR Order 22/05/2025 1. This criminal appeal under Section 14 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 appellant being aggrieved with the order dated 27.03.2025 passed by the learned Special Judge S.C./S.T. (Prevention of Atrocities Cases), Bundi (hereinafter to be referred as ‘trial court’) in FIR No.0352/2024 registered at Police Station-Sadar Bundi, District-Bundi for offences under Sections 420, 406, 504, 506 of IPC and Sections 3(1)(x), 3(1)(r), 3(1)(s) of the SC/ST Act, whereby the trial court has dismissed the bail application filed on behalf of the appellant. 2. Heard the learned counsel for the appellant, learned Public Prosecutor and perused the material on record. 3. Learned counsel for the appellant submits that the appellant has falsely been implicated in this case. The matter pertains to civil nature. [2025:RJ-JP:21626] (2 of 2) [CRLAS-951/2025] He further submits that it is an admitted position that the victim has sold the land as mentioned in the FIR to the appellant and the appellant after obtaining possession, started to reside on that land. Thereafter, when the concerned Tehsildar has given notice for treating the land as well as construction as illegal and directed to remove the encroachment, then this FIR has been lodged. Charge-sheet has been filed. The appellant is behind the Bar since 26.03.2025. The trial of the case may take considerable time, hence the criminal appeal of the appellant may be allowed. 4. Learned Public Prosecutor opposes the prayer made on behalf of the appellant. 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 appellant under Section 14 of the SC/ST Act. 6. Accordingly, this criminal appeal filed under Section 14 of the SC/ST Act is allowed and order dated 27.03.2025 passed by the learned trial court is set aside. It is directed that appellant- Rajendra Kumar S/o Shri Devishankar shall be released on bail provided he 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 his 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/270