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2025 DAILYLAW 20379 (RAJ)

LOKESH GURJAR S/O KRASHAN GURJAR v. STATE OF RAJASTHAN

CRLAS/1436/2025 · 2025-07-04

Pramil Kumar Mathur

Criminal Appealbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:24772] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Appeal (Sb) No. 1436/2025 1. Lokesh Gurjar S/o Krashan Gurjar, Aged About 19 Years, Resident of Kiwaheldi Police Station Basdayal District Kotputli Bahror (Rajasthan). (At Present Confined In Central Jail, Alwar). 2. Amilal Gurjar S/o Kaialsh, Aged About 27 Years, Resident of Kiwaheldi, Police Station Basdayal District Kotputli Bahror (Rajasthan). (At Present Confined In Central Jail Alwar) ----Accused/Appellants Versus 1. State of Rajasthan, Through P.P. -----Respondent 2. Karshana Devi W/o Harikishan, R/o Kiwadi Basdayal District Kotputli Bahror (Rajasthan). ----Complainant-Respondent For Appellant(s) : Mr. Sumer Singh Ola For State For Complainant- Respondent : : Mr. Shree Ram Dhakar, P.P. Mr. Kuldeep Singh HON'BLE MR. JUSTICE PRAMIL KUMAR MATHUR Order 04/07/2025 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 appellants being aggrieved with the order dated 20.05.2025 passed by the learned Special Judge S.C./S.T. (Prevention of Atrocities Cases), Alwar (hereinafter to be referred as ‘Trial Court’) in F.I.R. No.0062/2024 registered at Police Station Basdayal, District Kotputli- Behror for the offences under Sections 352, 323, 341, 354, 379 I.P.C. and Section 3(2)(va) of SC/ST Act whereby the Trial Court has dismissed the bail application filed on behalf of the appellants. [2025:RJ-JP:24772] (2 of 2) [CRLAS-1436/2025] 2. Heard the learned counsel for the appellants, learned Public Prosecutor and counsel for the complainant and perused the material on record. 3. Learned counsel for the appellants submits that in the F.I.R. as well as in the statement, no specific act was attributed to the appellants. No medical opinion about the injuries has been obtained. The appellants are behind the bars since 16.05.2025. Learned counsel further submits that investigation/trial of the case may take considerable time. Therefore, the appeal presented by the present appellants may be allowed. 4. Learned Public Prosecutor as well as counsel appearing for the complainant/respondent oppose the prayer made on behalf of the appellants. 5. 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. 6. Accordingly, this Criminal Appeal filed under Section 14-A(2) of SC/ST Act is allowed and order dated 20.05.2025 passed by the learned Trial Court is set aside. It is directed that appellants-Lokesh Gurjar S/o Krashan Gurjar and Amilal Gurjar S/o Kaialsh shall be released on bail provided they execute 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 hearing and whenever called upon to do so till the completion of the trial. (PRAMIL KUMAR MATHUR),J AMIT/350