MOHAMMAD SAHIL S/O ABDUL SALAM v. STATE OF RAJASTHAN
CRLAS/2743/2025 · 2026-03-27
Anoop Kumar Dhand
Criminal Appealbody2025
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[ 2025 DAILYLAW 2046 (RAJ) · dailylaw.ai ]
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[ 2025 DAILYLAW 2046 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Appeal (Sb) No. 2743/2025
1. Mohammad Sahil S/o Abdul Salam, aged about 28 Years, R/o Hada Market Sultanpura Thanh Sultanpura District Kota (At Present Accused Confined In Jail Kota)
2. Sabir S/o Abdul Salam, Aged About 31 Years, R/o Hada Market Sultanpura Thanh Sultanpura District Kota (At Present Accused Confined In Jail Kota) ----Appellants Versus
1. State of Rajasthan, Through Public Prosecutor.
2. Satish Kuamr S/o Gopal Lal, R/o Ramdevji Ka Mohalla Sultanpur Kota (Rajasthan) ----Respondents For Appellant(s) : Mr.Abdul Rahim Khan For Respondent(s) : Mr.N.S. Dhakar, PP JUSTICE ANOOP KUMAR DHAND
Order 27/03/2026
1. The instant criminal appeal has been filed under Section 14A(2) of the SC/ST (Prevention of Atrocities) Act, 1989 on behalf of the appellants against the impugned order dated 16.09.2025 passed by the Special Court, SC/ST (Prevention of Atrocities) Cases, Kota whereby, the bail application preferred by the appellants under Section 483 BNSS was rejected by the Trial Court. The appellants have been arrested by the Investigating Agency in connection with FIR No.87/2025, registered at the Police Station Sultanpur, District Kota Rural for the offences punishable under Sections 115(2), 126(2), 109(1), 117(2), 118(1), 190, 191(2) & 191(3) BNS and Sections 3(1)(r), 3(1)(s), 3(2)(v) & 3(2)(va) of the SC/ST Act.
(2 of 2) [CRLAS-2743/2025]
2.
Learned counsel for the appellants submits that the appellants have not committed any offence and they have been falsely implicated in the instant case and no specific overtact has been assigned to the appellants. Counsel submits that the appellants have been in custody since 15.04.2025 and since the trial will take its own time to conclude, therefore, the indulgence of bail may be granted to the appellants.
3. Per contra, learned Public Prosecutor opposes the arguments raised by counsel for the appellant.
4. Heard. Perused the material available on record.
5. Considering the arguments put forward by learned counsel for the appellants and looking to the fact that since no specific overtact has been assigned to the appellants and looking to the fact that the appellants have been in custody since 15.04.2025. Hence, the indulgence of bail is also extended to the appellants.
6. Consequently, the instant appeal is allowed. The impugned
order dated 16.09.2025 passed by the Special Court, SC/ST (Prevention of Atrocities) Cases, Kota is set aside. It is ordered that the accused–appellants (i) Mohammad Sahil S/o Abdul Salam & (ii) Sabir S/o Abdul Salam arrested in connection with the aforesaid FIR shall be released on bail; provided they furnish a personal bond for the sum of Rs.50,000/- with two sureties for the sum of Rs.25,000/- each to the satisfaction of the learned Trial Court with the stipulation to appear before that Court on all dates of hearing, as and when called upon to do so.
(ANOOP KUMAR DHAND),J Aayush Sharma/48