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[2025:RJ-JP:23457] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Appeal (Sb) No. 1458/2025 Rakesh S/o Jai Chand Ola, Aged About 28 Years, R/o Village Nuhand Police Station Hamirwas District Dhuru (Rajasthan) (At Present Confined In Central Jail Jaipur) ----Appellant Versus
1. State of Rajasthan, Through P.P.
2. Vijay Choudhary S/o Ramesh Choudhary, R/o 40, Shiv Shakti Nagar, Mahadev Wali Sadar Tonk, Tonk, Rajasthan, Presently 907, 9Th Floor, Sani Group Near Abkari Police Station Budhasinghpura Pratap Nagar, Jaipur Rajasthan ----Respondents For Appellant(s) : Mr. Ravindra Kumar Paliwal For Respondent(s) : Mr. Shri Ram Dhakar, PP Mr. Onkar Singh Rajpurohit, PP HON'BLE MR. JUSTICE SUDESH BANSAL (V.J.)
Order 24/06/2025
1. Instant appeal has been filed under Section 14A(2) of SC/ST (Prevention of Atrocities) Act 1989 on behalf of the appellant, who is in custody in connection with FIR No.575/2023 at Police Station Sanganer, District Jaipur City (East) for offences under Sections 143, 323, 341, 365, 120-B of IPC and for offences under Sections 323, 342, 364-A, 482, 489 & 120-B IPC and Sections 3(2)(v), 3(2) (va) of SC/ST (Prevention of Atrocities) Act (in order).
2. Learned Public Prosecutor submits that information to the complainant has already been sent. However, no one has put in appearance on behalf of the complainant.
[2025:RJ-JP:23457] (2 of 2) [CRLAS-1458/2025]
3. Counsel for appellant submits that the co-accused have already been released on bail and the case of appellant has not been differentiated, there is no previous antecedent of appellant, he is in custody since 21.04.2025, the conclusion of trial may take a considerable time, therefore, appellant be enlarged on bail.
4. Learned Public Prosecutor has opposed the bail application.
5. Having heard learned counsel for the appellant and learned Public Prosecutor and perusing the material available on record, considering the fact that co-accused namely Dilkhush Gurjar, Sagar @ Dilkhush and Chandrashekhar have been released on bail and case of appellant is not differentiable; the conclusion of the trial/investigation may take time, but without commenting on merits of the case, this Court deems it just and proper to release the appellant on bail.
6. Consequently, the instant appeal is allowed. The impugned
order dated 17.05.2025 passed by the Special Judge, SC/ST (Prevention of Atrocities) Cases, Jaipur Metropolitan First is set aside. It is ordered that the accused-appellant Rakesh S/o Jai Chand Ola arrested in aforesaid FIR, shall be released on bail, if not required in any other case, provided he furnishes a personal bond of Rs. 50,000/- to the satisfaction of the learned trial Court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.
(SUDESH BANSAL (V.J.)), J RONAK JAIMAN/203