NANDESH KUMAR SON OF MAANMAL v. STATE OF RAJASTHAN
CRLAS/2010/2025 · 2025-07-29
Pramil Kumar Mathur
Criminal Appealbody2025
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[ 2025 DAILYLAW 25911 (RAJ) · dailylaw.ai ]
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[ 2025 DAILYLAW 25911 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:28714] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Appeal (Sb) No. 2010/2025
1. Nandesh Kumar Son Of Maanmal, Aged About 56 Years, Resident Of Junakheda Police Station Asnawar District Jhalawar (Raj) (At Present Accused Appellant Confined In District Jail Jhalawar)
2. Poonamchand Son Of Prabhulal, Aged About 57 Years, Resident Of Junakheda Police Station Asnawar District Jhalawar (Raj) (At Present Accused Appellant Confined In District Jail Jhalawar)
3. Govind Son Of Rambabu Alias Babulal, Aged About 24 Years, Resident Of Junakheda Police Station Asnawar District Jhalawar (Raj) (At Present Accused Appellant Confined In District Jail Jhalawar)
4. Rambabu Alias Babulal Son Of Shankarlal, Aged About 56 Years, Resident Of Junakheda Police Station Asnawar District Jhalawar (Raj) (At Present Accused Appellant Confined In District Jail Jhalawar)
5. Nisar Ahmed Alias Nasir Son Of Yasin Mohammad, Aged About 37 Years, Resident Of Dhanoda Police Station Asnawar District Jhalawar (Raj) (At Present Accused Appellant Confined In District Jail Jhalawar) ----Appellants Versus
1. State Of Rajasthan, Through P.p
2. Satanarayan Son Of Ramchander, Aged About 50 Years, Resident Of Asnawar District Jhalawar Rajasthan ----Respondents For Appellant(s) : Mr. Khushal Singh For Respondent(s) : Mr. Naresh Kumar Gupta, PP HON'BLE MR. JUSTICE PRAMIL KUMAR MATHUR
Order 29/07/2025
1. This criminal appeal under Section 14-A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter to be referred as 'the SC/ST Act’) has been filed on behalf
[2025:RJ-JP:28714] (2 of 3) [CRLAS-2010/2025] of the appellants being aggrieved with the order dated 18.07.2025 passed by the learned Special Judge S.C./S.T. (Prevention of Atrocities Cases), Jhalawar (hereinafter to be referred as ‘trial court’) in FIR No. 0051/2025 registered at Police Station Asnawar, District-Jhalawar for the offences under Sections 126(2), 115(2), 189(2) of BNS and Sections 3(1) (d), 3(1)(e) & 3(2)(Va) of the SC/ST Act whereby the trial court has dismissed the bail application filed on behalf of the appellants.
2. Heard learned counsel for the appellants and learned Public Prosecutor and perused the material on record.
3.
Learned counsel for the appellants submits that the appellants have falsely been implicated in this case. The cross FIR has been registered by the appellant-Govind against the complainant of this case previous to the present one. It is further contended that the appellants are behind the bar since 16.07.2025. No grievous injury has been caused to any person. He again submits that investigation/trial of the case may take considerable time, therefore, no fruitful purpose would be served by keeping the appellants in further custody, hence, the appeal presented by the present appellants may be allowed.
4. Learned Public Prosecutor opposes the prayer made on behalf of the appellants.
5. Considering the facts and circumstances of the case and without commenting anything on the merits/demerits of the case, I deem it just and proper to allow the appeal filed by the appellants under Section 14- A(2) of SC/ST Act.
6. Accordingly, this criminal appeal filed under Section 14-A(2) of SC/ST Act is allowed and order dated 18.07.2025 passed by the learned trial court is set aside. It is directed that appellants- (1) Nandesh Kumar Son Of Maanmal (2) Poonamchand Son Of Prabhulal (3) Govind Son Of Rambabu Alias Babulal (4) Rambabu Alias Babulal Son Of Shankarlal
[2025:RJ-JP:28714] (3 of 3) [CRLAS-2010/2025] and (5) Nisar Ahmed Alias Nasir Son Of Yasin Mohammad shall be released on bail provided each of them executes a personal bond in a sum of Rs.50,000/- with two sound and solvent sureties of Rs.25,000/- each to the satisfaction of learned trial court for their appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.
(PRAMIL KUMAR MATHUR),J sunita /285