VIJAYPAL@ MOTA @ BUNTY GURJAR S/O SHRICHAND v. STATE OF RAJASTHAN
CRLAS/2446/2025 · 2025-09-23
Anil Kumar Upman
Criminal Appealbody2025
DailyLaw.ai
[ 2025 DAILYLAW 29100 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 29100 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:39270] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Appeal (Sb) No. 2446/2025 Vijaypal@ Mota @ Bunty Gurjar S/o Shrichand, Aged About 32 Years, R/o Masari, P.S. Kathumar, District-Alwar (Rajasthan) (Presently Confined In District Jail, Alwar, District Alwar) ----Appellant Versus
1. State Of Rajasthan, Through PP
2. Shri Kunwarlal S/o Kishorilal, R/o Village-Masari, P.S. Kathumar, District-Alwar (Rajasthan) ----Respondents For Appellant(s) : Mr. Anupam Sharma For Respondent(s) For Complainant(s) : : Mr. Tapesh Agarwal, PP with Mr. Gaurav Gupta, Asst. G.A. Mr. Brijesh Kumar Bhardwaj HON'BLE MR. JUSTICE ANIL KUMAR UPMAN
Order 23/09/2025
1. This appeal under Section 14A(2) SC/ST (Prevention of Atrocities) has been filed being aggrieved of the order dated 13.08.2025 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Alwar in Bail Application No.274/2025 (CIS No.239/2025) rejecting the bail application preferred on behalf of the appellant, who is in custody in connection with FIR No.124/2016 registered at Police Station Kathumar, District Alwar for offence under Section 392 of IPC. After completion of investigation, police filed charge-sheet in this matter for offence punishable under Section 394 of IPC and Section 3(2)(v) of SC/ST (Prevention of Atrocities) Act, 1989 (Amendment 2015).
[2025:RJ-JP:39270] (2 of 3) [CRLAS-2446/2025]
2. It is contended by learned counsel for the appellant that appellant has falsely been implicated in this case. Learned counsel submits that parties have resolved their dispute amicably. It is submitted that complainant has been examined during the course of trial and he has been declared hostile. It is submitted that trial will take considerable time in its conclusion. Learned counsel contends that appellant is in custody since 14.07.2025 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.
4.
Learned counsel for the complainant does not dispute the factum of compromise.
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, especially considering the fact that parties have resolved their dispute amicably 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 13.08.2025 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Alwar is set aside. It is ordered that the accused-appellant Vijaypal@ Mota @ Bunty Gurjar S/o Shrichand, arrested in connection with aforesaid FIR No. 124/2016 registered at Police Station Kathumar, District Alwar shall be released on bail, if not wanted in any other case, provided
[2025:RJ-JP:39270] (3 of 3) [CRLAS-2446/2025] 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 appeal (bail) and shall not have any impact on the trial of the case in any manner.
(ANIL KUMAR UPMAN),J CHARU SONI /258