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2025 DAILYLAW 23478 (RAJ)

TRILOK GURJAR S/O NIMBARAM v. STATE OF RAJASTHAN

CRLAS/1761/2025 · 2025-07-30

Anil Kumar Upman

Criminal Appealbody2025

Judgment text

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[2025:RJ-JP:29026] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Appeal (Sb) No. 1761/2025 Trilok Gurjar S/o Nimbaram, Aged About 22 Years, R/o Gurjaro Ka Bas Village Bhudol Police Station Gegal District Ajmer (At Present Confined In Central Jail Ajmer) ----Appellant Versus 1. State Of Rajasthan, Through PP 2. Komal Yadav D/o Sh. Balkishan Yadav, R/o 1347/26, Nai Basti Bhagwanganj Ajmer Ramganj (Ajmer) District Ajmer (Raj) ----Respondents For Appellant(s) : Mr. Anil Kumar For Respondent(s) For Complainant(s) : : Mr. N.S. Dhakar, PP Mr. Vaishnav Saurabh HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 30/07/2025 1. The instant appeal has been filed under Section 14A SC/ST (Prevention of Atrocities) Act being aggrieved of the order dated 12.06.2025 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Ajmer, District Ajmer in Bail Application No.509/2025 rejecting the bail application preferred on behalf of the appellant, who is in custody in connection with FIR No.47/2025 registered at Police Station Haribhau Upadhyay Nagar, District Ajmer (Rajasthan) for the offences punishable under Sections 64(1), 64(2)(m), 137(2), 127(2), 351(2) & 352 of the Bharatiya Nyaya Sanhita, (in short ‘BNS’) 2023. After completion of investigation, police filed charge-sheet in this matter for the offences punishable under Sections 64(1), 64(2)(m), 69, 137(2), [2025:RJ-JP:29026] (2 of 3) [CRLAS-1761/2025] 127(2), 351(2) & 352 of BNS, 2023 and Sections 3(2)(v) & 3(2) (va) of SC/ST (Prevention of Atrocities) Act, 1989 (Amendment 2015). 2. It is contended by learned counsel for the appellant that appellant has falsely been implicated in this case. Counsel submits that relationship between the appellant and victim was consensual in nature however, later on, she changed her version and levelled allegation against the petitioner of developing physical relations with her by giving assurance of marriage. It is submitted that trial will take considerable time in its conclusion. Counsel submits that appellant is in custody since 05.05.2025 and further custody of the appellant would not serve any fruitful purpose. 3. Per contra, learned Public Prosecutor as well as learned counsel for the complainant vehemently opposes the prayer for bail made in this appeal. It is submitted that offence punishable under Section 69 of BNS, 2023 has been found proved against the petitioner. 4. Heard learned counsel for the appellant, learned counsel for the complainant and learned Public Prosecutor. Perused the material available on record. 5. Having regard to the totality of the facts and circumstances; considering the arguments advanced by learned counsel for the parties, as also the material available on record in the form of charge-sheet 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 appellant on bail. [2025:RJ-JP:29026] (3 of 3) [CRLAS-1761/2025] 6. Consequently, the instant appeal is allowed. The impugned order dated 12.06.2025 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Ajmer, District Ajmer in Bail Application No.509/2025 is set aside. It is ordered that the accused-appellant Trilok Gurjar S/o Nimbaram arrested in connection with FIR No.47/2025 registered at Police Station Haribhau Upadhyay Nagar, District Ajmer (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. 7. The observation made hereinabove is 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 /400