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2025 DAILYLAW 18496 (RAJ)

BASRAM S/O LADULAL @ LADURAM v. STATE OF RAJASTHAN

CRLAS/1218/2025 · 2025-05-16

Pramil Kumar Mathur

Criminal Appealbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:20843] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Appeal (Sb) No. 1218/2025 Basram S/o Ladulal @ Laduram, Aged About 25 Years, R/o Aarania Police Station Datwas Distt. Tonk (Raj) At Present Confined At Central Jail Dausa (Raj) ----Appellant Versus 1. State Of Rajasthan, Through P.p Raj High Court Jaipur Bench Jaipur 2. Ashok Kumar S/o Kishan Lal, R/o Barwala Ki Dhani Nangalrajavtan P.s. Nangalrajavtan Distt. Dausa (Raj) ----Respondents For Appellant(s) : Mr. Satish Kumar Khandelwal For Respondent(s) : Mr. Rajendra Singh Shekhawat, PP with Mr. Shubham Sain, AAAG HON'BLE MR. JUSTICE PRAMIL KUMAR MATHUR Order 16/05/2025 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 appellant being aggrieved with the order dated 02.05.2025 passed by the learned Special Judge S.C./S.T. (Prevention of Atrocities Cases), Dausa (hereinafter to be referred as ‘trial court’) in FIR No.187/2024 registered at Police Station Papadda, District Dausa for the offence under Sections 190, 191(2), 191(3), 109(1), 115(2), 126(2), 307 and 324(4) of BNS, 2023 whereby the trial court has dismissed the bail application filed on behalf of the appellant. 2. Heard the learned counsel for the appellant and learned Public Prosecutor and perused the material on record. 3. No one appears for the complainant despite service. [2025:RJ-JP:20843] (2 of 2) [CRLAS-1218/2025] 4. Learned counsel for the appellant submits that the appellant has falsely been implicated in this case. Counsel further submits that no specific act has been attributed in the FIR as well as in statement of the injured-Heeralal recorded during investigation. Counsel further submits that the main allegation are against Mukesh Kumar and Mukesh along with Kamlesh have been enlarged on bail by this Court on 25.04.2025. Appellant is behind the bars since 16.04.2025. He further submits that investigation/trial of the case may take considerable time. Therefore, the appeal presented by the present appellant may be allowed. 5. Learned Public Prosecutor opposes the prayer made on behalf of the appellant. 6. 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- 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 02.05.2025 passed by the learned trial court is set aside. It is directed that appellant-Basram S/o Ladulal @ Laduram 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 Arun/327