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2025 DAILYLAW 19698 (RAJ)

RAIS MOHAMMAD S/O SHOKAT ALI v. STATE OF RAJASTHAN

CRLAS/1410/2025 · 2025-05-30

Pramil Kumar Mathur

Criminal Appealbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:22824] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Appeal (Sb) No. 1410/2025 Rais Mohammad S/o Shokat Ali, Aged About 21 Years, R/o Near Sulabh Complex, Road Number Behind Machish Factory Dadwada Kota Police Station Bhimganj Mandi, Kota City (At Present Confine Din Central Jail Kota) ----Appellant Versus 1. State Of Rajasthan, Through Pp 2. Kapil Sarshiya S/o Mukesh, Aged About 19 Years, R/o Meet Market, Machish Factory Bhimganj Mandi, Kota City ----Respondents For Appellant(s) : Mr. Gajveer Singh Rajawat with Mr. Ratan Singh Chandrawat For Respondent(s) : Mr. Onkar Singh Rajpurohit, PP HON'BLE MR. JUSTICE PRAMIL KUMAR MATHUR Order 30/05/2025 1. This criminal appeal 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’) has been filed on behalf of the appellant being aggrieved with the order dated 27.03.2025 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.0071/2025 registered at Police Station-Bhimganj Mandi, District-Kota City for offences under Sections 115(2), 126(2), 3(5) of BNS, Section 3(2)(va) of the SC/ST Act, whereby the trial court has dismissed the bail application filed on behalf of the appellant. 2. Heard learned counsel for the appellant as well as learned Public Prosecutor and perused the material available on record. 3. No one appears for the complainant despite service. [2025:RJ-JP:22824] (2 of 2) [CRLAS-1410/2025] 4. Learned counsel for the appellant submits that the appellant has falsely been implicated in this case. No recovery of any weapon has been affected from the possession of the present petitioner. He further submits that the allegation of causing injury is attributed to the co-accused-Arbaz Khan, from whom a knife was recovered. The so called injury caused to the injured are simple in nature. Co-accused-Moseen Ali has been released on bail by this Court on 19.05.2025. Charge-sheet has been filed. The appellant is behind the Bar since 26.03.2025. The trial of the case may take considerable time, hence the appeal of the appellant may be allowed. 5. Learned Public Prosecutor has vehemently opposed the bail appeal. 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 27.03.2025 passed by the learned trial court is set aside. It is directed that appellant-Rais Mohammad S/o Shokat Ali 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/30