AMAR SINGH SON OF HARNARAYAN v. STATE OF RAJASTHAN
CRLAS/2156/2025 · 2025-08-20
Anil Kumar Upman
Criminal Appealbody2025
DailyLaw.ai
[ 2025 DAILYLAW 26305 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 26305 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:32622] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Appeal (Sb) No. 2156/2025 Amar Singh Son Of Harnarayan, R/o Janpurbas, Police Station Behror Sadar, District Behror-Kotputli Rajasthan (Appellant Is Confined In Jail Kotputli Bheror) ----Appellant Versus
1. State Of Rajasthan, Through P.p.
2. Khiladi Ram Son Of Gordhan Lal, R/o Rajaji Ka Bas, Karoli Kund Alwar, Arawali Vihar, Alwar Rajasthan ----Respondents For Appellant(s) : Mr. Bharat Yadav For Respondent(s) For Complainant(s) : : Mr. N.S. Dhakar, PP Mr. Suresh Kumar Ms. Neema Kaushal Mr. Shobhit Sharma HON'BLE MR. JUSTICE ANIL KUMAR UPMAN
Order 20/08/2025
1. This instant appeal has been filed under Section 14(2)(A) SC/ST (Prevention of Atrocities) Act being aggrieved of the order dated 11.07.2025 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Alwar in Bail Application No.200/2025 (CIS No.194/2025) rejecting the bail application preferred on behalf of the appellant, who is in custody in connection with FIR No.203/2025 registered at Police Station Behror, District Behror-Kotputli for the offences under Sections 318(4), 316(2) & 61(2)(a) of Bharatiya Nyaya Sanhita, (in short, ‘BNS’) 2023 and Section 3(2)(va) of SC/ST (Prevention of Atrocities) Act, 1989 (Amendment 2015).
[2025:RJ-JP:32622] (2 of 3) [CRLAS-2156/2025]
2. It is contended by learned counsel for the appellant that appellant has falsely been implicated in this case. It is contended that entire dispute is of civil nature which has been given the color of criminal offence. It is submitted that co-accused person of this case namely Sheesh Ram Yadav has already been granted benefit of bail by this court. Trial will take considerable time in its conclusion. It is submitted that appellant is in custody since 25.06.2025 and there are no criminal antecedents against him. 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 of 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 appellant as also considering the fact that prima facie, it appears that there is civil dispute between the parties and aforementioned co-accused person has already been granted bail by this court; trial will take considerable time in its conclusion; absence of criminal antecedents as well as looking to the 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 11.07.2025 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Alwar is set aside. It is ordered
[2025:RJ-JP:32622] (3 of 3) [CRLAS-2156/2025] that the accused-appellant Amar Singh Son Of Harnarayan, arrested in connection with aforesaid FIR No.203/2025 registered at Police Station Behror, District Behror-Kotputli, shall be released on bail, 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 observation made hereinabove is 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 GAUTAM JAIN /69