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2025 DAILYLAW 19775 (RAJ)

HIMANSHU MAN S/O RAJESH v. STATE OF RAJASTHAN

CRLAS/1373/2025 · 2025-05-21

Pramil Kumar Mathur

Criminal Appealbody2025

Judgment text

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[2025:RJ-JP:21420] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Appeal (Sb) No. 1373/2025 1. Himanshu Man S/o Rajesh, Aged About 21 Years, R/o Ilakhar, Tan Kishanpura Police Station Mehada District Jhunjhunu Rajasthan (Presently Confined In District Jail Jhunjhunu) 2. Hemant Man S/o Rajesh, Aged About 21 Years, R/o Ilakhar, Tan Kishanpura Police Station Mehada District Jhunjhunu Rajasthan (Presently Confined In District Jail Jhunjhunu) ----Appellants Versus 1. State Of Rajasthan, Through Pp 2. Ramjilal Meena S/o Shri Lachuram Meena, Aged About 60 Years, R/o Hansalsar Ps Gudha Jhunjhunu ----Respondents For Appellant(s) : Mr. Pradeep Singh For Respondent(s) : Mr. Onkar Singh Rajpurohit, Pp HON'BLE MR. JUSTICE PRAMIL KUMAR MATHUR Order 21/05/2025 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 appellants being aggrieved with the order dated 13.05.2025 passed by the learned Special Judge S.C./S.T. (Prevention of Atrocities Cases), Jhunjhunu (hereinafter to be referred as ‘trial court’) in FIR No. 20/2025 registered at Police Station-Gudha, District Jhunjhunu for the offence under Sections 189(2), 331(6), 352, 351(3) of BNS, 2023, Sections 3(1)(r), 3(1) [2025:RJ-JP:21420] (2 of 3) [CRLAS-1373/2025] (s) and 3(2)(va) of SC/ST Act and Sections 3 and 27 of Arms Act whereby the trial court has dismissed the bail application filed on behalf of the appellants. 2. Heard the learned counsel for the appellants and learned Public Prosecutor and perused the material on record. 3. No one appears for the complainant despite service. 4. Learned counsel for the appellants submits that though name of appellants have been mentioned in the FIR but no injury was caused to any person. Co-accused has been released on bail by this Court. Appellants are behind the bars since 06.03.2025. Charge-sheet has been filed. He further submits that trial of the case may take considerable time. Therefore, the appeal presented by the present appellants may be allowed. 5. Learned Public Prosecutor opposes the prayer made on behalf of the appellants. 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 appellants 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 13.05.2025 passed by the learned trial court is set aside. It is directed that appellants- Himanshu Man S/o Rajesh and Hemant Man S/o Rajesh shall be released on bail provided each of them 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 their appearance before that court on each and every date of [2025:RJ-JP:21420] (3 of 3) [CRLAS-1373/2025] hearing and whenever called upon to do so till the completion of the trial. (PRAMIL KUMAR MATHUR),J Arun/35