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2025 DAILYLAW 21254 (RAJ)

INDER KUMAR SHARMA @ KALURAM SON OF SHRI PURANMAL SHARMA v. STATE OF RAJASTHAN

CRLAS/1530/2025 · 2025-06-27

Sudesh Bansal

Criminal Appealbody2025

Judgment text

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[2025:RJ-JP:23693] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Appeal (Sb) No. 689/2025 Hitesh Pancholi @ Annu Son Of Shri Lalit Pancholi, Aged About 24 Years, Resident Of Ward No. 24, Mandri Police Station Thanagazi District Alwar (Rajasthan) (At Present In Central Jail Alwar) ----Appellant Versus 1. State Of Rajasthan, Through P.p 2. Rajesh Kumar S.h.o, Police Station Thanagazi District Alwar (Raj) ----Respondents Connected With S.B. Criminal Appeal (Sb) No. 1354/2025 Harisingh Prajapat Son Of Shri Pannalal Prajapat, Aged About 45 Years, Resident Of Mahwa Kalan Police Station Malakheda District Alwar (Raj) (Accused Presently Confined In Central Jail Alwar) ----Appellant Versus 1. State Of Rajasthan, Through P.p 2. Rajesh Kumar, Presently C.i/sho Police Station Thanagaji District Alwar (Raj) ----Respondents S.B. Criminal Appeal (Sb) No. 1530/2025 Inder Kumar Sharma @ Kaluram Son Of Shri Puranmal Sharma, Aged About 19 Years, R/o Purana Mohalla Police Station Thanagazi Thanagazi District Alwar (Raj) (At Present Accused Confined In Alwar Jail) ----Appellant Versus State Of Rajasthan, Through P.p ----Respondent For Appellant(s) : Mr. Deen Dayal Sharma Mr. Gurvindra Singh Mr. Prashant Dubey for Mr. Pushpendu Sharma For Respondent(s) : Ms. Manju Dave, PP HON'BLE MR. JUSTICE SUDESH BANSAL (V. J.) Order 27/06/2025 1. Instant appeals have 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.08/2025 at Police [2025:RJ-JP:23693] (2 of 3) [CRLAS-689/2025] Station Thanagazi, District Alwar for the offences under Sections 103(1), 238(a), 140(3), 127(3) & 61(2)(a) of BNS and Section 3(2)(v) of the SC/ST (Prevention of Atrocities) Act. 2. Learned Public Prosecutor submits that information to the complainant/victim has already been sent. However, no one has put in appearance on behalf of the complainant. 3. Heard heard learned counsel for appellants and learned Public Prosecutor and perused the material available on record. 4. Taking into consideration that appellants are not named in the FIR, FIR was registered on finding a dead body; after investigation, charge-sheet has been filed; as per charge-sheet, one Shubash Sharma was having illicit relations with deceased’s wife; Shubash Sharma has been held to be the main accused; appellants have been implicated on the basis of call details; there are no criminal antecedents of appellants; they are in custody since 20.01.2025, however, without commenting on merits of the case, this Court is of the opinion that appellants deserves to be released on bail. 5. Consequently, the instant appeals are allowed. The impugned orders dated 13.02.2025 & 24.04.2025 passed by the Special Judge, SC/ST, (Prevention of Atrocities Cases), Alwar, Rajasthan are set aside. It is ordered that accused-appellants Hitesh Pancholi @ Annu S/o Shri Lalit Pancholi, Harisingh Prajapat S/o Shri Pannalal Prajapat & Inder Kumar Sharma @ Kaluram S/o Shri Puranmal Sharma 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 [2025:RJ-JP:23693] (3 of 3) [CRLAS-689/2025] learned trial Court with the stipulation to appear before that Court on all dates of hearing as and when called upon to do so, on following conditions:- (i) that the appellants shall not repeat the similar nature of offence during bail granted by this Court and shall cooperate in the trial. (ii) that the appellants shall not tamper with and influence any of the prosecution witnesses; (iii) that if the appellants commit breach of any of the conditions, the respondents shall be free to move application for bail cancellation of accused-appellants. (SUDESH BANSAL (V. J.)),J RONAK JAIMAN/84-86