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[2025:RJ-JP:35673] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Appeal (Sb) No. 2009/2025 Afsar S/o Shri Abdul Jabbar, Aged About 25 Years, R/o Gali No. 2, Nahari Ka Naka, Shastri Nagar, Jaipur Rajasthan (Confined In Central Jail Jaipur) ----Appellant Versus State Of Rajasthan, Through The P.p ----Respondent For Appellant(s) : Mr. Nikhil Simlote For Respondent(s) : Mr. Vijay Singh Yadav, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN
Order 04/09/2025
1. Aggrieved from impugned order dated 03.07.2025 in Session case No. 251/2023, the instant appeal is filed under Section 14A of SC/ST (POA) Act in a matter arising out of FIR No.427/2019 registered at P.S. Chandwaji, Jaipur for offence under Section 302 IPC.
2.
Learned counsel for appellant submitted that this is a case of bail jump as appellant was absent on 22.11.2021 and thereafter he was arrested and produced before the trial court on 15.06.2025 and since then he is in custody. The appellant undertakes that he will remain present on all future dates assigned by the trial court. 3. Aforesaid contentions were opposed by learned Public Prosecutor. [2025:RJ-JP:35673] (2 of 3) [CRLAS-2009/2025]
4. Heard learned counsel for appellant and learned Public Prosecutor. Perused the record. 5. Initially present appellant was granted bail by a Co-ordinate Bench of this Court on 02.07.2020 in bail application No.647/2020 and thereafter during trial of sessions case No.251/2023, appellant remained absent on 22.11.2021 and thereafter his bail bonds were forfeited and in pursuant to warrant of arrest, he was arrested on 15.06.2025 and since then he is in custody. 6. Having considered the material placed on record, it is appropriate to grant one more opportunity to the appellant. 7. Therefore, without expressing any opinion on merits, I am of considered view that it is a fit case wherein appellant can be enlarged on bail. The appeal under Section 14-A SC/ST (PoA) Act is allowed and impugned order dated 03.07.2025 is hereby quashed and the appellant accused Afsar S/o Shri Abdul Jabbar is released on bail till disposal of criminal case arising out of above mentioned FIR with the condition that he would executes a personal bond in the sum of ₹50,000/-with two sureties of ₹25,000/- each to the satisfaction of the learned trial Judge for his appearance in trial court on date fixed by trial court and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:- (i). After release of appellant accused on bail, he will not indulge in any criminal activity and if it is found that he is involved in any criminal activity, the order shall be recalled. [2025:RJ-JP:35673] (3 of 3) [CRLAS-2009/2025] (ii). That he will appear before the trial Court on each and every date of hearing till the disposal of criminal case. (iii). That if the appellant changes the place of residence, he will give in writing his changed address to the trial Court. (iv). Similarly, if the sureties change their address(s),they will give in writing their changed address to the trial Court. (v). The appellant shall not influence prosecution witnesses in any manner. 8.
Misc. Applications, if any, stands disposed of. 9. A copy of this order be sent through E-mail to the trial court. (ASHOK KUMAR JAIN),J PREETI VALECHA /214