Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:23458] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Appeal (Sb) No. 1512/2025
1. Biramchand S/o Bhanwarlal, Aged About 27 Years, R/o Jawri (Mogyabehe Ki Tapri) Police Station Kamkheda District Jhalawar (Presently Confined In District Jail Jhalwar)
2. Kailashchand S/o Narayan, Aged About 55 Years, R/o Jawri (Mogyabehe Ki Tapri) Police Station Kamkheda District Jhalawar (Presently Confined In District Jail Jhalwar) ----Appellants Versus
1. State Of Rajasthan, Through P.p
2. Dharu Singh S/o Rajender Prasad, Resident Of Banskeri Mevtiyan Kamkheda, Jhalawar Rajasthan ----Respondents For Appellant(s) : Mr. Kushal Singh Rathore 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 appellants, who are in custody in connection with FIR No.113/2024 at Police Station Kamkheda, District Jhalawar for the offences under Sections 126(2), 115(2), 109(1), 118(1), 118(2), 190, 191(2), 191(3) of BNS and Sections 3(2)(v) & 3(2)(va) of the SC/ST (Prevention of Atrocities) Act.
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.
3. Counsel for appellants submits that the offence of grievous nature has been added subsequently during course of
[2025:RJ-JP:23458] (2 of 2) [CRLAS-1512/2025] investigation, there are no previous criminal antecedents against appellants, they are in custody since 18.05.2025, the conclusion of trial may take considerable time, therefore, appellants be enlarged on bail.
4. Learned Public Prosecutor has opposed the criminal appeal.
5. Having heard learned counsel for appellants and learned Public Prosecutor and perusing the material available on record and having considered contentions of counsel for appellants as noted hereinabove and taking into consideration the role of appellants attributed against them in the present incident is with regard to lathi blow and that there are no previous criminal antecedents against appellants and they are in custody since 18.05.2025, however, without commenting on merits of the case, this Court is of the opinion that appellants deserve to be released on bail.
6. Consequently, the instant appeal is allowed. The impugned
order dated 22.05.2025 passed by the Special Judge, SC/ST, Prevention of Atrocities Cases, Jhalawar, Rajasthan is set aside. It is ordered that accused-appellants Biramchand S/o Bhanwarlal & Kailashchand S/o Narayan arrested in aforesaid FIR, shall be released on bail, if not required in any other case, provided each of them 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/206