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2025 DAILYLAW 25660 (RAJ)

AMIT KUMAR S/O SHRI VIJAY SINGH v. STATE OF RAJASTHAN

CRLAS/2104/2025 · 2025-09-11

Anil Kumar Upman

Criminal Appealbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:37173] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Appeal (Sb) No. 2104/2025 1. Amit Kumar S/o Shri Vijay Singh, Aged About 30 Years, R/o Quarter No. 10, Sector 9-C, Bokaro Still City, Bokaro Police Station Harla, District Bokaro Jharkhand, Presently Tenant At Plot No. 82, Shyam Nagar, Golyawas Mansarovar Police Station Mansarovar Jaipur (At Present Confined Central Jail Jaipur) 2. Alok Singh S/o Babu Singh, Aged About 42 Years, R/o House No. 151, Vridh Mansarovar (Vardhman Sarovar) Ganpatpura Patrakar Colony Police Station Mansarovar Jaipur (At Present Confined N Central Jail Jaipur) ----Appellants Versus 1. State Of Rajasthan, Through PP 2. Vishwesh Kumar S/o Ramkesh, R/o 482, Pati Kala, Bamanwas, Sawai Madhopur, Presently Residing At A-68, Vishnu Vihar, Jagatpura Jaipur Pratap Nagar (Jaipur City (East) Rajasthan ----Respondents For Appellant(s) : Dr. Mithlesh Kumar For Respondent(s) For Complainant(s) : : Mr. N.S. Dhakar, PP with Mr. Gaurav Gupta, Asst. G.A. Mr. Pushpendra Pandey HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 11/09/2025 1. Learned counsel for the appellants seeks permission to withdraw this criminal appeal qua accused-appellant No.1. 2. Permission as sought for is granted. 3. Accordingly, the instant criminal appeal is dismissed as not pressed qua accused-appellant No.1 Amit Kumar S/o Shri Vijay Singh. 4. So far as accused-appellant No.2 Alok Singh Son of Babu Singh is concerned, this instant appeal has been filed under Section 14A(2) SC/ST (Prevention of Atrocities) Act being aggrieved of the order dated 19.07.2025 passed by learned [2025:RJ-JP:37173] (2 of 3) [CRLAS-2104/2025] Special Judge, SC/ST (Prevention of Atrocities) Cases, Jaipur Metropolitan-I in Bail Application (CIS) No.1438/2025 rejecting the bail application preferred on behalf of the appellant, who is in custody in connection with FIR No.440/2025 registered at Police Station Shipra Path, District Jaipur City (South) for offences under Sections 318(4), 316(2), 189(2), 115(2), 126(2), 127(2), 140(3) and 308(2) of Bharatiya Nyaya Sanhita (in short, ‘BNS’) 2023, Section 27 of Arms Act and Section 3(2)(va) of SC/ST (Prevention of Atrocities) Act, 1989 (Amendment 2015). 5. It is contended by learned counsel for the appellant that appellant has falsely been implicated in this case. It is contended that co-accused has been granted benefit of bail by this Court. It is submitted that trial will take considerable time in its conclusion. It is submitted that appellant is in custody since 05.07.2025 and further custody of the appellant would not serve any fruitful purpose. 6. Per contra, learned Public Prosecutor assisted by learned counsel for the complainant vehemently opposes the prayer for bail made in this appeal. It is submitted that two other cases have been registered against the appellant. 7. Heard. Perused the material available on record. 8. 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 co-accused has been granted benefit of bail by this Court 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, [2025:RJ-JP:37173] (3 of 3) [CRLAS-2104/2025] this Court deems it just and proper to enlarge the appellant on bail. 9. Consequently, this instant appeal is partly allowed. The impugned order dated 19.07.2025 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Jaipur Metropolitan-I is set aside. It is ordered that the accused- appellant Alok Singh S/o Babu Singh, arrested in connection with aforesaid FIR No.440/2025 registered at Police Station Shipra Path, District Jaipur City (South) 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. 10. The observations made hereinabove are only for decision of the appeal (bail) and shall not have any impact on the trial of the case in any manner. (ANIL KUMAR UPMAN),J CHARU SONI /242