Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:38520] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Appeal (Sb) No. 2399/2025
1. Kalusingh Son Of Jalamsingh, Aged About 30 Years, Resi- dent Of Tai Ka Kheda Police Station Mishroli District Jha- lawar. At Present In District Jail, Jhalawar.
2. Anandsingh Son Of Shivdansingh, Aged About 27 Years, Resident Of Ward No. 15, Malipura Mohalla, Bhaisadamandi Police Station Bhanpura Disrict Mandsor (Mp). At Present In District Jail, Jhalawar.
3. Shailendrasingh Son Of Dhirajsingh, Aged About 22 Years, Resident Of Baajkhedi, Police Station Ashta District Sihor (Mp), Presently Bhawanimandi District Jhalawar. At Present In District Jail, Jhalawar.
4. Kuldeepsingh Son Of Meharbansingh, Aged About 23 Years, Resident Of Moyakheda Police Station Bhawani- mandi District Jhalawar. At Present In District Jail, Jha- lawar. ----Appellants Versus
1. State Of Rajasthan, Through The PP
2. Dinesh Kumar Son Of Shivlal, Resident Of Pithakheri Po- lice Station Sunel, Jhalawar. ----Respondents For Appellant(s) : Mr. Harendra Singh For Respondent(s) : Mr. N.S. Dhakar, PP with Mr. Gaurav Gupta, Asstt. G.A.
HON'BLE MR. JUSTICE ANIL KUMAR UPMAN
Order 19/09/2025
1. This appeal has been filed under Section 14A(2) of SC/ST (Prevention of Atrocities) Act being aggrieved of the order dated 29.08.2025 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Jhalawar (Raj.) in Criminal Misc. Bail Application No.214/2025 (CIS No.154/2025) rejecting the bail application preferred on behalf of the appellants, who are in custody in connection with FIR No.149/2025 registered at Police
[2025:RJ-JP:38520] (2 of 3) [CRLAS-2399/2025] Station Sunel, District Jhalawar (Rajasthan) for the offences punishable under Sections 115(2), 126(2), 189(2) & 352 of the Bharatiya Nyaya Sanhita, (in short ‘BNS’) 2023 and Section 3(2) (va) of SC/ST (Prevention of Atrocities) Act, 1989 (Amendment 2015). Investigation is being conducted for the offences punishable under Sections 115(2), 126(2), 117(2), 352 & 3(5) of BNS and Section 3(2)(va) of SC/ST (Prevention of Atrocities) Act, 1989 (Amendment 2015).
2. It is contended by learned counsel for the appellants that appellants have falsely been implicated in this case. Counsel submits that except offences under the Atrocities Act, all other offences are bailable in nature. Counsel submits that there are no criminal antecedents against the appellants and trial will take considerable time in its conclusion. Counsel submits that appellants are in custody since 26.08.2025 and further custody of the appellants 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 has duly been informed about hearing of this appeal (bail).
4. Despite information, no one has put in appearance on behalf of victim/complainant.
5. Heard learned counsel for the appellant and learned Public Prosecutor. 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 except offences under the Atrocities Act, all other offences are bailable in nature, as also
[2025:RJ-JP:38520] (3 of 3) [CRLAS-2399/2025] considering the fact that there are no criminal antecedents against the appellants and trial will take considerable 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 appellants on bail.
7. Consequently, the instant appeal is allowed. The impugned
order dated 29.08.2025 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Jhalawar (Raj.) in Criminal Misc. Bail Application No.214/2025 (CIS No.154/2025) is set aside. It is ordered that the accused-appellants (1) Kalusingh Son Of Jalamsingh, (2) Anandsingh Son Of Shivdansingh, (3) Shailendrasingh Son Of Dhirajsingh and (4) Kuldeepsingh Son of Meharbansingh arrested in connection with FIR No.149/2025 registered at Police Station Sunel, District Jhalawar (Rajasthan), shall be released on bail, if not wanted in any other case, provided each of them furnishes 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 would not have any impact on the trial of the case in any manner.
(ANIL KUMAR UPMAN),J LALIT MOHAN /184