RAHUL PRAJAPATI S/O DEVILAL ADOPTED SON OF BHANWARLAL v. STATE OF RAJASTHAN
CRLAS/1257/2025 · 2025-07-31
Anil Kumar Upman
Criminal Appealbody2025
DailyLaw.ai
[ 2025 DAILYLAW 18561 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 18561 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:29508] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Appeal (Sb) No. 1257/2025 Rahul Prajapati S/o Devilal Adopted Son Of Bhanwarlal, Aged About 19 Years, R/o Atitmand Police Station Saket Nagar, District Beawar (At Present Confined In Central Jail, Ajmer District Ajmer) ----Appellant Versus
1. State Of Rajasthan, Through PP
2. Durga Prashad S/o Arjun Ram, R/o Ramsar Balaiyan Beawar Saket Nagar, Beawar Rajasthan ----Respondents For Appellant(s) : Mr. Ravindra Kumar Paliwal For Respondent(s) : Mr. N.S. Dhakar, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN
Order 31/07/2025
1. This instant appeal has been filed under Section 14(2)(A) SC/ST (Prevention of Atrocities) Act being aggrieved of the order dated 02.05.2025 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Ajmer in Bail Application No.390/2025 (CIS No.390/2025) rejecting the bail application preferred on behalf of the appellant, who is in custody in connection with FIR No.168/2025 registered at Police Station Saket Nagar, District Beawar for the offences under Section 107 of Bharatiya Nyaya Sanhita, (in short, ‘BNS’) 2023 and Section 3(2) (v) of SC/ST (Prevention of Atrocities) Act, 1989 (Amendment 2015). After completion of investigation, police filed charge-sheet in this matter. [2025:RJ-JP:29508] (2 of 3) [CRLAS-1257/2025]
2. It is contended by learned counsel for the appellant that appellant has falsely been implicated in this case. It is contended that no offence under Section 107 of BNS is made out against the appellant. It is submitted that initially, with regard to death of deceased, a report was submitted by the complainant wherein no allegation was levelled but later on, he lodged the FIR on the basis of one video alleging therein that appellant was harassing the deceased and, therefore, she committed suicide. Learned counsel contends that analysis of video would reveal that there is little conversation between boy and girl and this conversation will not attract the offence punishable under Section 107 of BNS (abetment of suicide). It is contended that trial will take considerable time in its conclusion. It is submitted that appellant is a young boy, aged about 19 years and he is in custody since 12.04.2025 and further custody of the appellant would not serve any fruitful purpose. 3. Per contra, learned Public Prosecutor oppose the prayer of bail made in this appeal. He submits that victim/complainant of this case has duly been informed. 4. Despite information, none has put in appearance on behalf of the victim/complainant to oppose this appeal. 5. Heard. Perused the material available on record. 6. Having regard to the totality of the facts and circumstances; considering the arguments advanced by learned counsel for the appellant as also considering the material available on record in the form of charge-sheet including analysis of video; period of custody, but without expressing any opinion on merits/demerits of
[2025:RJ-JP:29508] (3 of 3) [CRLAS-1257/2025] this case, this Court deems it just and proper to enlarge the appellant on bail. 7.
Consequently, this instant appeal is allowed. The impugned
order dated 02.05.2025 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Ajmer is set aside. It is ordered that the accused-appellant Rahul Prajapati S/o Devilal Adopted Son Of Bhanwarlal, arrested in connection with aforesaid FIR No.168/2025 registered at Police Station Saket Nagar, District Beawar, shall be released on bail, if not wanted in any other case, provided he shall furnish a personal bond of Rs.50,000/- and two sureties of Rs.25,000/- each 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.
8. The observation made hereinabove is only for decision of the instant appeal (bail) and shall not have any impact on the trial of the case in any manner.
(ANIL KUMAR UPMAN),J CHARU SONI /455