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2025 DAILYLAW 24055 (RAJ)

SHEESH RAM YADAV S/O LALA RAM AHIR v. STATE OF RAJASTHAN

CRLAS/1819/2025 · 2025-07-28

Anil Kumar Upman

Criminal Appealbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:28467] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Appeal (Sb) No. 1819/2025 Sheesh Ram Yadav S/o Lala Ram Ahir, Aged About 43 Years, R/o Doodheda Police Station Neemrana District Behror Kotputli (Rajasthan) (At Present In Judicial Custody At District Jail, Alwar) ----Appellant Versus State Of Rajasthan, Through Its Public Prosecutor ----Respondent For Appellant(s) : Mr. Prakhar Gupta Mr. Sanjay Sharma Mr. Vijayant Yadav For Respondent(s) : Mr. N.S. Dhakar, PP Mr. Suresh Kumar, for complainant 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 04.07.2025 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Alwar in Bail Application No.203/2025 (CIS No.183/2025) rejecting the bail application preferred on behalf of the appellant, who is in custody in connection with FIR No.203/2025 registered at Police Station Behror, District Behror-Kotputli for the offences under Sections 318(4), 316(2) & 61(2)(a) of 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:28467] (2 of 3) [CRLAS-1819/2025] 2. It is contended by learned counsel for the appellant that appellant has falsely been implicated in this case. It is contended that entire dispute is of civil nature which has been given the color of criminal offence. It is submitted that though three cases have been registered against the appellant but in two cases, he has been acquitted by this Court and in one case, he has been acquitted by learned trial court. It is submitted that trial will take considerable time in its conclusion. It is submitted that appellant is in custody since 28.06.2025 and further custody of the appellant would not serve any fruitful purpose. 3. Per contra, learned Public Prosecutor assisted by learned counsel for the complainant vehemently oppose the prayer of bail made in this appeal. 4. Heard. 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 appellant as also considering the fact that prima facie, it appears that there is civil dispute between the parties 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 appellant on bail. 6. Consequently, this instant appeal is allowed. The impugned order dated 04.07.2025 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Alwar is set aside. It is ordered that the accused-appellant Sheesh Ram Yadav S/o Lala Ram Ahir, arrested in connection with aforesaid FIR No.203/2025 [2025:RJ-JP:28467] (3 of 3) [CRLAS-1819/2025] registered at Police Station Behror, District Behror-Kotputli, shall be released on bail, if not wanted in any other case, provided he 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. 7. 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 /408