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2025 DAILYLAW 25574 (RAJ)

MAHENDRA SINGH SON OF GOPAL SINGH ALIAS KISHAN GOPAL SINGH v. STATE OF RAJASTHAN

CRLAS/2016/2025 · 2025-08-19

Anil Kumar Upman

Criminal Appealbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:32601] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Appeal (Sb) No. 2016/2025 Mahendra Singh Son Of Gopal Singh Alias Kishan Gopal Singh, Aged About 48 Years, Resident Of Takha, Police Station Anta, District Baran At Present Resident Of Shriram Colony-Ii, Anta, Police Station Anta, District Baran (Rajasthan) (At Present Confined In District Jail, Baran) ----Appellant Versus 1. State Of Rajasthan, Through PP 2. Kuldeep Son Of Ramlal Bheel, Resident Of Takha, Police Station Anta, District Baran (Raj.) ----Respondents For Appellant(s) : Mr. Girish Khandelwal For Respondent(s) For Complainant(s) : : Mr. Tapesh Agarwal, PP Mr. Bhim Singh Meena HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 19/08/2025 1. This instant appeal has been filed under Section 14A(2) of SC/ST (Prevention of Atrocities) Act being aggrieved of the order dated 14.07.2025 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Baran in Bail Application No.189/2025 (CIS No.189/2025) rejecting the bail application preferred on behalf of the appellant, who is in custody in connection with FIR No.194/2025 registered at Police Station Anta, District Baran for the offences under Sections 126(2), 115(2), 352, 109(1) & 3(5) of Bharatiya Nyaya Sanhita, (in short ‘BNS’) 2023 and Sections 3(1)(r), 3(1)(s) & 3(2)(va) of SC/ST (Prevention of Atrocities) Act, 1989 (Amendment 2015). [2025:RJ-JP:32601] (2 of 3) [CRLAS-2016/2025] Investigation is being conducted for offences punishable under Sections 115(2), 126(2), 118(2), 109(1), 352 & 3(5) of BNS 2023, Sections 3(1)(r), 3(1)(s) & 3(2)(va) of SC/ST (Prevention of Atrocities) Act, 1989 (Amendment 2015) and Section 4/25 of Arms Act. 2. It is contended by learned counsel for the appellant that appellant has falsely been implicated in this case. It is contended that cross cases have been registered between the parties. Learned counsel submits that allegation of causing injury on the person of injured is against Narendra Singh who is real brother of the appellant. It is argued that there are no criminal antecedents against the appellant and trial will take considerable time in its conclusion. It is argued that appellant is in custody since 08.07.2025 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 for 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 parties, especially considering the fact that cross cases have been registered between the parties, as also considering the fact that allegation of causing injury on the person of injured is against Narendra Singh who is real brother of the appellant, there are no criminal antecedents against the appellant and trial will take considerable time in its conclusion as well as looking to the [2025:RJ-JP:32601] (3 of 3) [CRLAS-2016/2025] 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 14.07.2025 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Baran is set aside. It is ordered that the accused-appellant Mahendra Singh Son Of Gopal Singh Alias Kishan Gopal Singh, arrested in connection with aforesaid FIR No. 194/2025 registered at Police Station Anta, District Baran 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 observations made hereinabove are 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 /361