ABHISHEK SON OF MANOJ KUMAR SURELA v. STATE OF RAJASTHAN
CRLAS/2153/2025 · 2025-09-15
Anil Kumar Upman
Criminal Appealbody2025
DailyLaw.ai
[ 2025 DAILYLAW 27148 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 27148 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:37405] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Appeal (Sb) No. 2153/2025 Abhishek Son Of Manoj Kumar Surela, Aged About 22 Years, Resident Of Veerkhana Mohalla, Bansur, Police Station Bansur, District Kotputli-Behror (Raj.) (At Present In Central Jail, Alwar) ----Appellant Versus
1. State Of Rajasthan, Through PP
2. Pradeep Meena Son Of Shri Jhamman Meena, Resident Of Bansur, Police Station Bansur, District Kotputli-Behror (Rajasthan) ----Respondents For Appellant(s) : Mr. Rohan Singh with Mr. Anil Agarwal For Respondent(s) : Mr. N.S. Dhakar, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN
Order 15/09/2025
1. This appeal has been filed under Section 14A(2) SC/ST (Prevention of Atrocities) Act being aggrieved of the order dated 30.07.2025 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Alwar in Bail Application No.262/2025 (CIS No.230/2025) rejecting the bail application preferred on behalf of the appellant, who is in custody in connection with FIR No.174/2025 registered at Police Station Bansur, District Kotputli- Behror for offences under Sections 189(2), 115(2), 126(2) & 140(2) of Bharatiya Nyaya Sanhita (in short, ‘BNS’), 2023 and Section 3(2)(va) of SC/ST (Prevention of Atrocities) Act, 1989 (Amendment 2015). Later on, Sections 117(2) and 119 of BNS, 2023 have also been added.
[2025:RJ-JP:37405] (2 of 3) [CRLAS-2153/2025]
2. It is contended by learned counsel for the appellant that appellant has falsely been implicated in this case. It is submitted that except one grievous injury on the metacarpal bone, all other injuries are simple in nature. It is submitted that appellant has no criminal antecedents and trial will take considerable time in its conclusion. It is contended that appellant is in custody since his date of arrest and further custody of the appellant would not serve any fruitful purpose.
3. Per contra, learned Public Prosecutor opposes the prayer for bail made in this appeal. He submits that victim/complainant of this case has duly been informed about hearing of this appeal.
4. Despite information, no one has put in appearance on behalf of the victim/complainant to oppose this appeal.
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, as also considering the material available before me in the form of case diary; nature of injuries and the fact that appellant has no criminal antecedents and trial will take considerable time in its conclusion, 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, this instant appeal is allowed. The impugned
order dated 30.07.2025 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Alwar is set aside. It is ordered that the accused-appellant Abhishek Son Of Manoj Kumar Surela arrested in connection with aforesaid FIR No.174/2025
[2025:RJ-JP:37405] (3 of 3) [CRLAS-2153/2025] registered at Police Station Bansur, District Kotputli-Behror, 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. The observations made hereinabove are 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 CHARU SONI /181