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2025 DAILYLAW 19937 (RAJ)

MANJEET SINGH S/O SHRI CHOTU SINGH v. STATE OF RAJASTHAN

CRLAS/1479/2025 · 2025-07-07

Ashutosh Kumar

Criminal Appealbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:24956] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Appeal (Sb) No. 1479/2025 Manjeet Singh S/o Shri Chotu Singh, Aged About 21 Years, R/o Ramraika Wali Dhani Tan Bagoriya Ki Dhani Ps Ghotda Tehsil Nawalgarh District Jhunjhunu (Rajasthan) (Currently In Judicial Custody At District Jail Jhunjhunu) ----Accused/Appellant Versus 1. State Of Rajasthan, Through PP ----Respondent 2. Mahendra Kumar S/o Shri Lachharam, Resident Of Bhojasar Police Station Mandawa District Jhunjhunu At Present Regional Forest Officer, Range Nawalgarh District Jhunjhunu ----Complainant/Respondent For Appellant : Mr. Chandra Shekhar, Adv. with Mr. Narendra Singh Gurjar, Adv. For Respondent : Mr. Jai Prakash Tiwari, Dy.G.A. Mr. Vivek Sharma, Addl.G.A. Mr. Naresh Kumar Gupta, PP HON'BLE MR. JUSTICE ASHUTOSH KUMAR Order 07/07/2025 1. The present appeal under Section 14 (2)(A) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as the 'Act of 1989') has been filed by the accused-appellant against the order dated 08.05.2025 passed by learned Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act Cases, Jhunjhunu in Bail Application No.118/2025 arising out of FIR No.192/2024, Police Station Gothara, District Jhunjhunu for the offences punishable under [2025:RJ-JP:24956] (2 of 3) [CRLAS-1479/2025] Sections 189(2), 132, 351(2); Section 3 of Prevention of Damage to Public Property Act, 1984 (hereinafter referred to as the 'Act of 1984') and Sections 3(1)(r), 3(1)(s) and 3(2)(va) of the Act of 1989 by which the bail application filed by the accused-appellant under Section 483 of the B.N.S.S., 2023 has been dismissed. 2. Learned counsel for the accused-appellant submits that the accused-appellant has been falsely implicated in this case. Learned counsel also submits that the appellant was arrested on 23.02.2025 and since then, he is behind the bars. Learned counsel further submits that the charge-sheet has been filed against the appellant for the offences punishable under Sections 189(2), 132, 351(2), 352, 324(6), 262 and 263(a); Section 3 of the Act of 1984 and Sections 3(1)(r), 3(1)(s), 3(2)(v) and 3(2)(va) of the Act of 1989 and the trial will take long time to conclude. 3. Learned counsel for the accused-appellant argues that the other co-accused Sunil has already been enlarged on bail by learned trial Court itself. Learned counsel also argues that the bail application has been dismissed by learned trial Court on the ground that another criminal case for the offence punishable under Section 380 of IPC has been lodged against the accused- appellant, therefore, the accused-appellant be enlarged on bail. 4. Learned counsel appearing on behalf of the State vehemently oppose the accused-appellant's prayer and submits that the complainant/victim has duly been informed about filing of this appeal. Despite information, no one appears on behalf of the complainant/victim to oppose this appeal. [2025:RJ-JP:24956] (3 of 3) [CRLAS-1479/2025] 5. Heard learned counsel for the parties and perused the material available on record. 6. Looking to the facts and circumstances of the case; the period of custody of the accused-appellant; the fact that charge- sheet has already been filed and trial will take long time to conclude and the fact that co-accused has already been enlarged on bail by learned trial Court, but without expressing any opinion on the merits/demerits of the case, this Court deems it just and proper to allow this appeal filed by the accused-appellant. 7. Consequently, this appeal filed on behalf of the appellant is allowed. The impugned order dated 08.05.2025 passed by learned Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act Cases, Jhunjhunu is set aside. It is ordered that the accused–appellant namely Manjeet Singh S/o Chhotu Singh, arrested in connection with FIR No.192/2024, Police Station Gothara, District Jhunjhunu shall be released on bail on furnishing personal bond in the sum of Rs.50,000/- and two sureties of Rs.25,000/- each to the satisfaction of the trial Court. Appellant shall be required to appear before that Court on all dates of hearing and as and when called upon to do so. (ASHUTOSH KUMAR),J AARZOO ARORA /257-S.