JAIVEER SINGH S/O MAHAVEER SINGH RATHOR v. THE STATE OF RAJASTHAN
/1849/2025 · 2025-08-08
Anil Kumar Upman
Criminal Appealbody2025
DailyLaw.ai
[ 2025 DAILYLAW 23965 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 23965 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:31077] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Appeal (Sb) No. 1849/2025 Jaiveer Singh S/o Mahaveer Singh Rathor, R/o Samna, Police Station Jaswantgarh, District Didwana Kuchaman, Presently Res- ident At Flat No. 410 D.b. Floor, Maruti Residency, Kanwarpura Chauraha, Police Station Sadar Sikar, District Sikar, Rajasthan (At Present Accused Confined In District Jail, Sikar) ----Appellant Versus
1. The State Of Rajasthan, Through Its Public Prosecutor.
2. Manoj S/o Malaram, R/o Village Kanwerpura, Tehsil Dhod, District Sikar (Raj.) ----Respondents For Appellant(s) : Mr. Sanjay Khedar For Respondent(s) : Mr. N.S. Dhakar, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN
Order 08/08/2025
1. The instant appeal has been filed under Section 14A(2) of SC/ST (Prevention of Atrocities) Act being aggrieved of the order dated 02.07.2025 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Sikar (Raj.) in Bail Application CIS No. 473/2025, CNR No.RJSK01-001722-2025 rejecting the bail application preferred on behalf of the appellant, who is in custody in connection with FIR No.142/2025 registered at Police Station Kotwali Sikar, District Sikar (Rajasthan) for the offences punishable under Sections 189(2), 126(2), 115(2), 352, 351(2) & 333 of the Bharatiya Nyaya Sanhita, (in short ‘BNS’) 2023 and
[2025:RJ-JP:31077] (2 of 3) [CRLAS-1849/2025] Sections 3(1)(r), 3(1)(s) & 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 except offences under the Atrocities Act, all other offences are bailable in nature. 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 27.06.2025 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, especially considering the fact that except offences under the Atrocities Act, all other offences are bailable in nature, as also considering the fact that 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.
[2025:RJ-JP:31077] (3 of 3) [CRLAS-1849/2025]
7. Consequently, the instant appeal is allowed. The impugned
order dated 02.07.2025 passed by learned Special Court, SC/ST (Prevention of Atrocities) Cases, Sikar (Raj) in Bail Application CIS No. 473/2025, CNR No.RJSK01-001722-2025 is set aside. It is ordered that the accused-appellant Jaiveer Singh S/o Mahaveer Singh Rathor arrested in connection with FIR No.142/2025 registered at Police Station Kotwali Sikar, District Sikar (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 /377