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2025 DAILYLAW 18263 (RAJ)

DEBMALYA DAS S/O LAXMIKANT DAS v. STATE OF RAJASTHAN

CRLAS/1282/2025 · 2025-07-17

Pramil Kumar Mathur

Criminal Appealbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:26828] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Appeal (Sb) No. 1282/2025 Debmalya Das S/o Laxmikant Das, Aged About 20 Years, R/o Near Hp Gas Godown Village Mirpur Post Khadagpur District West Medinipur West Bengal. (At Present Accused Confined In Jail Kota) ----Appellant Versus 1. State Of Rajasthan, Through Public Prosecutor 2. Pawan Kumar Chaudhary S/o Ashok Kumar Chadudhary, R/o Village Jasoli Patti Thana Kotwan District East Champaran Bihar Motihari Bihar ----Respondents For Appellant(s) : Mr. Dushyant Singh Naruka through VC For Respondent(s) : Mr. Jaiprakash Tiwari, PP HON'BLE MR. JUSTICE PRAMIL KUMAR MATHUR Order 17/07/2025 1. This criminal appeal under Section 14A 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 30.04.2025 passed by the learned Special Judge S.C./S.T. (Prevention of Atrocities Cases), Kota (hereinafter to be referred as ‘trial court’) in FIR No. 0312/2024 registered at Police Station- Borkhera, District-Kota City for offences under Sections 115(2), 126(2), 109(1), 191(2) of BNS, whereby the trial court has dismissed the bail application filed on behalf of the appellant. 2. Heard the learned counsel for the appellant as well as learned Public Prosecutor and perused the material on record. [2025:RJ-JP:26828] (2 of 3) [CRLAS-1282/2025] 3. Learned counsel for the appellant submits that the appellant has falsely been implicated in this case. He further submits that there is omnibus allegation in the FIR against the present appellant. Alleged injuries caused to the injured-Adarsh Raj are by blunt weapon. He further submits that except injury No.1, all injuries are simple in nature. He further submits that there is no medical opinion by which it can be inferred that the injury No.1 caused to the injured is dangerous to life. There is no criminal antecedent against the present appellant. He again submits that the petitioner is behind the Bars since 26.04.2025, therefore no fruitful purpose would be served be keeping the appellant in further custody, hence the bail application 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, especially the arguments advanced by counsel for the appellant but 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(2)(A) of SC/ST Act. 6. Accordingly, this criminal appeal filed under Section 14A of SC/ST Act is allowed and order dated 30.04.2025 passed by the learned trial court is set aside. It is directed that appellant- Debmalya Das S/o Laxmikant Das 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 [2025:RJ-JP:26828] (3 of 3) [CRLAS-1282/2025] 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/353