Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:37483] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Appeal (SB) No. 2134/2025 Neeraj S/o Mahaveer, Aged About 24 Years, R/o Mani, Police Station Karwar, District Bundi (At Present Accused In Judicial Custody At District Jail Alwar). ----Accused-Appellant Versus
1. State Of Rajasthan, Through P.P. ------Respondent
2. Deshraj S/o Sher Singh, Aged About 28 Years, R/o Bala Dahara, Police Station Vijay Mandir, Alwar (Rajasthan) ----Complainant-Respondent For Appellant(s) : Mr. Laxmikant Sharma, Adv. For Respondent(s) : Mr. N.S. Dhakar, PP with Mr. Gaurav Gupta, Asstt.G.A.
HON'BLE MR. JUSTICE ANIL KUMAR UPMAN
Order 15/09/2025
1. The instant appeal has been filed under Section 14(A)(2) of SC/ST (Prevention of Atrocities) Act being aggrieved of the order dated 25.07.2025 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Alwar in Bail Application No.239/2025 rejecting the bail application preferred on behalf of the appellant, who is in custody in connection with FIR No.135/2025 registered at Police Station Vijay Mandir, District Alwar for the offence under Section 140(3) of BNS, 2023. Investigation is being conducted for the offences punishable under Sections 140(2)(3), 115(2), 126(2) & 127(2) of BNS, 2023 and Sections 3(1)(r)(s), 3(2)(v) & 3(2)(va) of SC/ST (Prevention of Atrocities) Act.
[2025:RJ-JP:37483] (2 of 3) [CRLAS-2134/2025]
2. It is contended by learned counsel for the appellant that appellant has falsely been implicated in this case. Learned counsel submits that an exaggerated version has been mentioned in the FIR. It is also evident from the record that no amount has been transferred in the bank account of the appellant. He argues that trial of the case will take considerable time in its conclusion. He contends that appellant is in custody since 16.07.2025 and further custody of the appellant would not serve any fruitful purpose.
3. Per contra, learned Public Prosecutor opposes the prayer of bail made in this appeal. He submits that complainant/victim of this case has been duly informed about hearing of this criminal appeal.
4. Despite information, no one has appeared on behalf of the complainant.
5. Heard. Perused the material available on record.
6. Having regard to the totality of the facts and circumstances; considering the arguments advanced by learned counsel for the appellant, especially considering the material available on record in the form of case diary and trial will take time in its conclusion as well as looking to the period of custody, but without expressing any opinion on merits/demerits of this case, this Court deems it just and proper to enlarge the appellant on bail.
7. Consequently, the instant appeal is allowed. The impugned
order dated 25.07.2025 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Alwar is set aside. It is ordered that the accused-appellant- Neeraj S/o Mahaveer arrested in connection with aforesaid FIR No.135/2025 registered at Police
[2025:RJ-JP:37483] (3 of 3) [CRLAS-2134/2025] Station Vijay Mandir, District Alwar 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.
8. It is made clear that the accused-appellant shall not involve in any other offence(s) during currency of the bail and he shall mark his presence once in every three months in the concerned police station, till trial is concluded.
9. Concerned SHO is directed to maintain a register recording the attendance of the appellant, as directed above. In case the appellant fails to mark his presence in the concerned police station, as directed above, the concerned SHO is directed to immediately report the matter to the concerned Court in this regard.
10. If any breach of these conditions is reported or come to the notice of the Court, the same shall alone be a reason for the trial Court to cancel the bail granted to him by this Court.
11. The observations made hereinabove are only for decision of the instant criminal appeal and would not have any impact on the trial of the case in any manner.
(ANIL KUMAR UPMAN),J MADAN/183