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2025 DAILYLAW 25690 (RAJ)

SHAHRUKH KHAN ALIAS SHAHRUKH ALIAS SHERU S/O SHREE BHANWAR KHAN v. THE STATE OF RAJASTHAN

/2014/2025 · 2025-08-20

Sudesh Bansal

Criminal Appealbody2025

Judgment text

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[2025:RJ-JP:32690] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Appeal (Sb) No. 2013/2025 1. Hari Singh S/o Shri Bherudaan, Aged About 50 Years, Resident Of 11 Gurjaro Ka Mohalla Village Chrasda Post Harsoli Tehsil Dudu District Jaipur (At Present Confined At District Jail Jaipur) 2. Guddu @ Amirudhin Khan S/o Shri Imamudhin Khan, Aged About 25 Years, Resident Of Mozmabad Police Station Mozmabad District Jaipur Rural (At Present Confined At District Jail Jaipur) ----Appellants Versus 1. The State Of Rajasthan, Through Its Public Prosecutor 2. Vijayraj S/o Shri Nemichand, Resident Of Oswal Colony, Dudu Jaipur Rural Rajasthan ----Respondents Connected With S.B. Criminal Appeal (Sb) No. 2014/2025 Shahrukh Khan Alias Shahrukh Alias Sheru S/o Shree Bhanwar Khan, Aged About 27 Years, R/o Chapya, Police Station Dudu District Dudu Rural (At Present In District Jail, Jaipur) ----Appellant Versus 1. The State Of Rajasthan, Through P.p. 2. Vijayraj S/o Nemichand, R/o Oswal Colony Dudu, Jaipur Rural Rajasthan ----Respondents For Appellant(s) : Mr. Bal Ram Vashisth (in CRLAS No.2013/2025) Mr. Yunus Khan (in CRLAS No.2014/2025) For Respondent(s) : Mr. Rishi Raj Singh Rathore, PP Mr. Majhar Hussain HON'BLE MR. JUSTICE SUDESH BANSAL Order 20/08/2025 1. Instant appeals have been filed under Section 14A of SC/ST (Prevention of Atrocities) Act, 1989 on behalf of appellants, who are in custody in connection with FIR No.77/2025 at Police Station [2025:RJ-JP:32690] (2 of 3) [CRLAS-2013/2025] Dudu, District Dudu for the offences under Sections 189(2), 115(2), 126(2), 352 & 109(1) of BNS and Sections 3(1)(r), 3(1) (s), 3(2)(v) & 3(2)(va) of the SC/ST (Prevention of Atrocities) Act. 2. Heard counsel for appellants, learned Public Prosecutor as well as counsel for complainant and perused the record. 3. Having considered the facts that appellants are in custody since 20.05.2025; after investigation, charge-sheet has been filed including the offence under Section 110 of BNS; the offence under Section 109(1) of BNS, wherein the FIR was registered, has been deleted in the charge-sheet, the injuries received to the complainant Vijay Raj are simple in nature and Mangal Singh, who incurred grievous injury, has been discharged from the hospital after three days; the criminal antecedents of two case of Hari Singh are of the year 1997; there are no criminal antecedents of appellant-Guddu @ Amirudhin Khan and one criminal case against Shahrukh Khan is for offences under Sections 323, 325, 341, 504, 506 & 34 of IPC. Taking into consideration the totality of facts and circumstances but without commenting on merits of the case, this Court is of the opinion that appellants deserves to be released on bail. 4. Consequently, the instant appeals are allowed. The impugned orders dated 19.07.2025 passed by the Special Judge, SC/ST, (Prevention of Atrocities Cases), Jaipur, Rajasthan are set aside. It is ordered that accused-appellants Hari Singh S/o Shri Bherudaan, Guddu @ Amirudhin Khan S/o Shri Imamudhin Khan & Shahrukh Khan Alias Shahrukh Alias Sheru S/o Shree Bhanwar Khan arrested in aforesaid FIR, shall be released [2025:RJ-JP:32690] (3 of 3) [CRLAS-2013/2025] on bail, if not required in any other case, provided each of them furnishes a personal bond of Rs.50,000/- each with two sureties of Rs.25,000/- to the satisfaction of the learned trial Court with the stipulation to appear before that Court on all dates of hearing as and when called upon to do so. (SUDESH BANSAL),J RONAK JAIMAN/25&26