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2025 DAILYLAW 18618 (RAJ)

BHANU PRATAP URF BHANU BANA S/O SHRI RAJENDRA SINGH v. STATE OF RAJASTHAN

CRLAS/1299/2025 · 2025-06-09

Anand Sharma

Criminal Appealbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:22987] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Appeal (Sb) No. 1299/2025 Bhanu Pratap Urf Bhanu Bana S/o Shri Rajendra Singh, Aged About 35 Years, R/o Biriyakhedi Khurd, P.s. Sadar, Jhalawar District Jhalawar (At Presently Confined In District Jail Jhalawar) ----Appellant Versus 1. State Of Rajasthan, Through Public Prosecutor 2. Kanhaiyalal Mahar S/o Sundarilal Mehar, R/o Raipur District Jhalawar ----Respondents For Appellant(s) : Mr. Manish Kumar Yadav For Respondent(s) : Mr. Manvendra Singh Choudhary, Public Prosecutor Mr. Vivek Choudhary, Public Prosecutor HON'BLE MR. JUSTICE ANAND SHARMA (V. J.) Order 09/06/2025 1. Despite intimation, nobody has appeared on behalf of the complainant/victim to argue the matter. 2. This criminal appeal has been filed under Section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter to be referred as 'the SC/ST Act’) on behalf of the appellant being aggrieved by the order dated 30.04.2025 passed by the learned Special Judge S.C./S.T. (Prevention of Atrocities Cases), Jhalawar (hereinafter to be referred as ‘trial court’) in Bail Application (C.I.S.) No.110/2025, whereby the trial court has dismissed the bail application filed on behalf of the appellant in connection with FIR No.20/2025 [2025:RJ-JP:22987] (2 of 3) [CRLAS-1299/2025] registered with Police Station Sadar, Jhalawar for the offences punishable under Sections 308 (4), 111 (2) (B), 352 of BNS and Section 3 (1) (r), 3 (1) (s) & 3(2)(va) of the SC/ST Act. 3. Learned counsel for the appellant submits that even from bare perusal of the FIR, it would reveal that there are simple allegations of causing threat which are also incorrect. Only on account of business rivalry the FIR in question has been lodged. He further submits that only in order to create complications, the allegations with regard to atrocities under SC/ST Act has been falsely levelled against him. He further submits the trial is likely to be taken in considerable time. 4. Learned Public Prosecutor has opposed the appeal. 5. Considered the submissions made by counsel for the appellant as well as the learned Public Prosecutor. 6. Having considered the allegations levelled against the appellant so also the evidence collected during investigation, including statements of the witnesses recorded under Section 161 Cr.P.C., this Court deems just and proper to enlarge the accused- appellant on bail. 7. Accordingly, this criminal appeal filed under Section 14-A(2) of SC/ST Act is allowed and order dated 30.04.2025 passed by the learned Special Judge S.C./S.T. (Prevention of Atrocities Cases), Kota is set aside. It is directed that appellant shall be released on bail in connection with FIR No.20/2025 registered at Police Station Sadar, Jhalawar, provided he executes a personal bond in a sum of Rs.1,00,000/-/- with two sound and solvent sureties of [2025:RJ-JP:22987] (3 of 3) [CRLAS-1299/2025] Rs.50,000/- 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. (ANAND SHARMA (V. J.)),J Upendra Pratap Singh /150