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2025 DAILYLAW 28618 (RAJ)

NARENDRA SINGH SON OF GOPAL SINGH ALIAS KISHAN GOPAL SINGH v. STATE OF RAJASTHAN

CRLAS/2329/2025 · 2025-09-15

Anil Kumar Upman

Criminal Appealbody2025

Judgment text

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[2025:RJ-JP:37407] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Appeal (Sb) No. 2329/2025 Narendra Singh Son Of Gopal Singh Alias Kishan Gopal Singh, Aged About 49 Years, Resident Of Takha, Police Station Anta, District Baran At Present Resident Of Shriram Colony-II, Anta, Police Station Anta, District Baran (Rajasthan) (At Present Confined In District Jail, Jaipur.) ----Appellant Versus 1. State Of Rajasthan, Through PP 2. Kuldeep Son Of Ramlal Bheel, Resident Of Takha, Police Station Anta, District Baran (Raj.) ----Respondents For Appellant(s) : Mr. Girish Khandelwal For Respondent(s) : Mr. N.S. Dhakar, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 15/09/2025 1. This instant appeal has been filed under Section 14A(2) SC/ST (Prevention of Atrocities) Act being aggrieved of the order dated 16.07.2025 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Baran in Bail Application No.193/2025 (CIS No.193/2025) rejecting the bail application preferred on behalf of the appellant, who is in custody in connection with FIR No.194/2025 registered at Police Station Anta, District Baran for offences under Sections 126(2), 115(2), 352, 109(1) & 3(5) of Bharatiya Nyaya Sanhita, (in short, ‘BNS’), 2023 and Sections 3(1)(r), 3(1)(s) & 3(2)(va) of SC/ST (Prevention of Atrocities) Act, 1989 (Amendment 2015). [2025:RJ-JP:37407] (2 of 3) [CRLAS-2329/2025] Investigation is being conducted for offences punishable under Sections 115(2), 126(2), 118(2), 109(1), 352 & 3(5) of BNS, 2023, Sections 3(1)(r), 3(1)(s), 3(2)(v) & 3(2)(va) of SC/ST (Prevention of Atrocities) Act, 1989 (Amendment 2015) and Section 4/25 of Arms Act. 2. It is contended by learned counsel for the appellant that appellant has falsely been implicated in this case. Learned counsel submits that cross cases have been registered between the parties. It is submitted that there are two injuries on the person of injured out of which, one is grievous in nature. Learned counsel contends that no material is available on record suggesting the fact that injury sustained to injured is dangerous to life. It is contended that co-accused has been granted benefit of bail by this Court. Learned counsel argues that trial will take considerable time in its conclusion. It is argued that appellant is in custody since 08.07.2025 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 (bail). 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 parties, as also considering the nature of injuries and the fact that cross cases have been registered between the parties; co-accused [2025:RJ-JP:37407] (3 of 3) [CRLAS-2329/2025] has been granted benefit of bail by this Court and trial will take considerable time in its conclusion 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. 7. Consequently, this instant appeal is allowed. The impugned order dated 16.07.2025 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Baran is set aside. It is ordered that the accused-appellant Narendra Singh Son Of Gopal Singh Alias Kishan Gopal Singh, arrested in connection with aforesaid FIR No.194/2025 registered at Police Station Anta, District Baran 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 /193