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2025 DAILYLAW 23275 (RAJ)

PAPPU URF VIRISINGH S/O PURAN SINGH v. STATE OF RAJASTHAN

CRLAS/1765/2025 · 2025-07-28

Anil Kumar Upman

Criminal Appealbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:28466] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Appeal (Sb) No. 1765/2025 1. Pappu Urf Virisingh S/o Puran Singh, Aged About 50 Years, R/o Purani Chawani P.s. Sadar Dholpur (Raj) (Presently In Central Jail At Dholpur) 2. Uttam Singh S./o Puransingh, Aged About 42 Years, R/o Purani Chawani P.s. Sadar Dholpur (Raj) (Presently In Central Jail At Dholpur) 3. Boby@ Ranveer S/o Puransingh, Aged About 40 Years, R/o Purani Chawani P.s. Sadar Dholpur (Raj) (Presently In Central Jail At Dholpur) 4. Bhoopsingh S/o Puransingh, Aged About 30 Years, R/o Purani Chawani P.s. Sadar Dholpur (Raj) (Presently In Central Jail At Dholpur) 5. Ravindra S/o Lohere, Aged About 26 Years, R/o Pugali Matsura P.s. Badi Sadar Presently R/o Purani Chawni P.s. Sadar Dholpur Raj (Presently In Central Jail At Dholpur) ----Appellants Versus 1. State Of Rajasthan, Through Public Prosecutor 2. Vijaysingh S/o Gyasiram, R/o Purani Chawni P.s. Sadar Dholpur Raj ----Respondents For Appellant(s) : Mr. Arvind Sharma Ms. Manorma Sharma For Respondent(s) : Mr. N.S. Dhakar, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 28/07/2025 1. This instant appeal has been filed under Section 14(2)(A) SC/ST (Prevention of Atrocities) Act being aggrieved of the order dated 25.06.2025 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Dholpur in Bail Application No.117/2025 rejecting the bail application preferred on behalf of the appellants, who are in custody in connection with FIR No.66/2025 registered at Police Station Mahila Thana (Dholpur), [2025:RJ-JP:28466] (2 of 3) [CRLAS-1765/2025] District Dholpur for the offences under Sections 189(2), 115(2), 126(2), 352 & 74 of Bharatiya Nyaya Sanhita, (in short ‘BNS’) 2023 and Sections 3(1)(s) & 3(2)(va) of SC/ST (Prevention of Atrocities) Act, 1989 (Amendment 2015). Investigation is being conducted for offences punishable under Sections 189(2), 115(2), 126(2), 352 & 125 of BNS, 2023 and Sections 3(1)(r), 3(1)(s) & 3(2)(v) of SC/ST (Prevention of Atrocities) Act, 1989 (Amendment 2015). 2. It is contended by learned counsel for the appellants that appellants have falsely been implicated in this case. It is contended that except offences under the Atrocities Act and Section 74 of BNS, all other offences are bailable in nature. It is submitted that maximum punishment under Section 74 BNS is five years. It is submitted that there are no criminal antecedents against the appellants and trial will take considerable time in its conclusion. Counsel submit that appellants are in custody since 23.06.2025 and further custody of the appellants 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 of this case has duly been informed about hearing of this appeal (bail). 4. Despite information, no one has put in appearance on behalf of the victim/complainant to oppose this appeal. 5. Heard. 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 [2025:RJ-JP:28466] (3 of 3) [CRLAS-1765/2025] appellants as also considering the fact that except offences under the Atrocities Act and Section 74 of BNS, all other offences are bailable in nature, there are no criminal antecedents against the appellants and trial will take considerable time in its conclusion as well as looking to the custody period, but without expressing any opinion on merits/demerits of this case, this Court deems it just and proper to enlarge the appellants on bail. 7. Consequently, this instant appeal is allowed. The impugned order dated 25.06.2025 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Dholpur is set aside. It is ordered that the accused-appellants (1) Pappu Urf Virisingh S/o Puran Singh, (2) Uttam Singh S/o Puransingh, (3) Boby @ Ranveer S/o Puransingh, (4) Bhoopsingh S/o Puransingh, & (5) Ravindra S/o Lohere, arrested in connection with aforesaid FIR No.66/2025 registered at Police Station Mahila Thana (Dholpur), District Dholpur, shall be released on bail, if not wanted in any other case, provided each of them shall furnish 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 observation made hereinabove is only for decision of the instant appeal (bail) and shall not have any impact on the trial of the case in any manner. (ANIL KUMAR UPMAN),J CHARU SONI /407