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2025 DAILYLAW 18188 (RAJ)

MAHESH PRAJAPAT ALIAS MANISH S/O SHRI RAMPHOOL PRAJAPAT v. STATE OF RAJASTHAN

CRLAS/1210/2025 · 2025-05-15

Pramil Kumar Mathur

Criminal Appealbody2025

Judgment text

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[2025:RJ-JP:20618] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Appeal (Sb) No. 1210/2025 1. Mahesh Prajapat Alias Manish S/o Shri Ramphool Prajapat, Aged About 19 Years, Ro Plot No 40 Vivek Vihar Colony Kalwar Ps Kalwar District Jaipur (At Present Confined In Central Jail Jaipur) 2. Mohan Lala Yadav S/o Shri Sitaram Yadav, Aged About 27 Years, R/o Plot No. 109, Bodiyo Ki Dhani, Behind Kiran Palace Kalwar Jobner Road, Police Station Kalwar District Jaipur (At Present Confined In Central Jail Jaipur) ----Appellants Versus 1. State Of Rajasthan, Through P.p 2. Birdi Chand Morya S/o Pema Ram, R/o Raigaro Ka Mohalla, Kalwar Jaipur (West) Rajasthan ----Respondents For Appellant(s) : Mr. Mukesh Kumar Saini For Respondent(s) For Complainant : : Mr. Naresh Kumar Gupta, PP Mr. Anoop Kumar Mr. Birdi Chand Morya is present in person HON'BLE MR. JUSTICE PRAMIL KUMAR MATHUR Order 15/05/2025 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 29.04.2025 passed by the learned Special Judge S.C./S.T. (Prevention of Atrocities Cases), (Additional District and Sessions Judge, No.2) Jaipur Metropolitan-II (hereinafter to be referred as ‘trial court’) in FIR No. 126/2025 registered at Police Station [2025:RJ-JP:20618] (2 of 3) [CRLAS-1210/2025] Kalwar, District Jaipur (West) for the offence under Sections 115(2), 126(2), 189(2), 3(5), 352, 351(2), 351(3) of BNS, 2023 and Sections 3(1)(r), 3(1)(s) and 3(2)(va) of SC/ST Act whereby the trial court has dismissed the bail application filed on behalf of the appellants. 2. Heard the learned counsel for the appellants, learned Public Prosecutor and 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. Counsel further submits that the complainant Birdi Chand Morya and injured have settled the dispute peacefully. In support of his contention, he has filed the compromise deed presented by the Birdi Chand Morya supported by the affidavit of injured Ramdhan. Appellants are behind the bars since 24.04.2025. Therefore, the appeal presented by the present appellants may be allowed. 4. Learned counsel for the complainant fairly acceded that compromise has been effected with respect to alleged act of appellants and further stated that the complainant Birdi Chand Morya is also present in person who has verified the fact as mentioned in the compromise. 5. Learned Public Prosecutor has made formal objections to the bail application. 6. Considering the facts and circumstances of the case and without commenting anything on the merits/demerits of the case, [2025:RJ-JP:20618] (3 of 3) [CRLAS-1210/2025] I deem it just and proper to allow the appeal filed by the appellants under Section 14-A(2) of SC/ST Act. 7. Accordingly, this criminal appeal filed under Section 14-A(2) of SC/ST Act is allowed and order dated 29.04.2025 passed by the learned trial court is set aside. It is directed that appellants- Mahesh Prajapat Alias Manish S/o Shri Ramphool Prajapat and Mohan Lala Yadav S/o Shri Sitaram 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 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 Arun/296