SARFARAJ @ TANNU S/O RAHEESH MOHAMMED v. STATE OF RAJASTHAN
CRLAS/2554/2025 · 2025-09-24
Anil Kumar Upman
Criminal Appealbody2025
DailyLaw.ai
[ 2025 DAILYLAW 30834 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 30834 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:39515] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Appeal (SB) No. 2554/2025
1. Sarfaraj @ Tannu S/o Raheesh Mohammed, Aged About 24 Years,
2. Rahim Mohammed @ Kalu S/o Raheesh Mohammed, Aged About 26 Years, R/o Hada Market Sultanpur Thana Sultanpur District Kota. (At Present Confined At Central Jail Kota) ----Accused-Appellants Versus
1. State Of Rajasthan, Through P.P. -----Respondent
2. Satish Kumar S/o Gopal Lal, Aged About 33 Years, R/o Ramdev Ji Ka Mohalla Sultanpur Thana Sultanpur Kota Rural Rajasthan. ----Complainant/Respondent For Appellant(s) : Mr. Abdul Kalam Khan, Adv. For Respondent(s) : Mr. N.S. Dhakar, PP with Mr. Gaurav Gupta, Asstt.G.A.
HON'BLE MR. JUSTICE ANIL KUMAR UPMAN
Order 24/09/2025
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 12.09.2025 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Kota in Bail Application No.169/2025 rejecting the bail application preferred on behalf of the appellants, who are in custody in connection with FIR No.87/2025 registered at Police Station Sultanpur, District Kota Rural for offences punishable under Sections 115(2), 126(2) & 189(2) of BNS, 2023 and Section 3(2)(va) of SC/ST (Prevention of
[2025:RJ-JP:39515] (2 of 3) [CRLAS-2554/2025] Atrocities) Act, 1989 (Amendment 2015). Later on, police filed charge sheet in this matter.
2. It is contended by learned counsel for the appellants that appellants have falsely been implicated in this case. Learned counsel submits that statement of the victim would reveal that alleged incident took place in the spur of moment on account of road accident. He further submits that none of the injuries sustained to the injured have been opined as dangerous to life. He argues that charge-sheet has already been filed and trial of the case will take considerable time in its conclusion. He contends that appellants is in custody since 15.04.2025 & 13.04.2025 respectively 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 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 appellants, especially considering the material available on record in the form of charge-sheet; role attributed to the appellants; nature of injuries and trial will take considerable time in its conclusion as well as looking to the period of custody, but without
[2025:RJ-JP:39515] (3 of 3) [CRLAS-2554/2025] 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 12.09.2025 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Kota is set aside. It is ordered that the accused-appellants- 1. Sarfaraj @ Tannu S/o Raheesh Mohammed, and 2. Rahim Mohammed @ Kalu S/o Raheesh Mohammed arrested in connection with aforesaid FIR No.87/2025 registered at Police Station Sultanpur, District Kota Rural shall be released on bail, if not wanted in any other case, provided each of them 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 criminal appeal and would not have any impact on the trial of the case in any manner.
(ANIL KUMAR UPMAN),J MADAN/258