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[2025:RJ-JP:33245] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Appeal (Sb) No. 1589/2025 Sagar S/o Sh. Raju, Aged About 45 Years, R/o Ward No. 15, At Present Ward No. 21, Jasoriya Colony, Khairthal, District Khairthal-Tijara (Raj). ( At Present Confined In Central Jail Al- war). ----Appellant Versus
1. State Of Rajasthan, Through PP
2. Ramavtar S/o Santram, R/o Ward No. 16, Adarsh Colony, Sivana Road Khairthal, Disrict Khairthal-Tijara, (Raj). ----Respondents For Appellant(s) : Mr. Vikash Kumar Jakhar For Respondent(s) : Mr. Tapesh Agarwal, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN
Order 22/08/2025
1. The instant appeal has been filed under Section 14A(2) of SC/ST (Prevention of Atrocities) Act being aggrieved of the order dated 06.06.2025 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Alwar (Raj.) in Bail Application No.171/2025 (CIS No.153/2025) rejecting the bail application preferred on behalf of the appellant, who is in custody in connection with FIR No.65/2025 registered at Police Station Khairthal, District Khairthal-Tijara (Rajasthan) for the offences punishable under Sections 115(2), 126(2) & 3(5) of the Bharatiya Nyaya Sanhita, (in short ‘BNS’) 2023 and Section 3(2)(va) of SC/ST (Prevention of Atrocities) Act, 1989 (Amendment 2015).
[2025:RJ-JP:33245] (2 of 3) [CRLAS-1589/2025]
2. It is contended by learned counsel for the appellant that appellant has falsely been implicated in this case. Counsel submits that all the injuries sustained to the injured are simple in nature. Counsel submits that charge-sheet has been filed in this matter. Counsel submits that there are no criminal antecedents against the appellant and trial will take considerable time in its conclusion. Counsel submits that appellant is in custody since his date of arrest and further custody of the appellant would not serve any fruitful purpose.
3. Per contra, learned Public Prosecutor opposes the prayer of bail made in this appeal. He submits that victim/complainant has duly been informed about hearing of this appeal (bail).
4. Despite information, no one has put in appearance on behalf of victim/complainant.
5. Heard learned counsel for the appellant and learned Public Prosecutor. Perused the material available on record.
6. Having regard to the totality of the facts and circumstances; considering the arguments advanced by learned counsel for the parties, as also the fact that all the injuries sustained to the injured are simple in nature; charge-sheet has been filed in this matter; there are no criminal antecedents against the appellant and trial will take considerable time in its conclusion as well as looking to the period of custody, but without expressing any opinion on merits/demerits of this case, this Court deems it just and proper to enlarge the appellant on bail.
7. Consequently, the instant appeal is allowed. The impugned
order dated 06.06.2025 passed by learned Special Judge, SC/ST
[2025:RJ-JP:33245] (3 of 3) [CRLAS-1589/2025] (Prevention of Atrocities) Cases, Alwar (Raj.) in Bail Application No.171/2025 (CIS No.153/2025) is set aside. It is ordered that the accused-appellant Sagar S/o Sh. Raju arrested in connection with FIR No.65/2025 registered at Police Station Khairthal, District Khairthal-Tijara (Rajasthan), shall be released on bail, if not wanted in any other case, provided he furnishes a personal bond of Rs.50,000/- and two sureties 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 and as and when called upon to do so.
8. The observations made hereinabove are only for decision of the instant appeal (bail) and would not have any impact on the trial of the case in any manner.
(ANIL KUMAR UPMAN),J LALIT MOHAN /134