SAHDEV ALIAS SUKHDEV S/O PANNALAL v. STATE OF RAJASTHAN
CRLAS/2567/2024 · 2025-02-12
Anil Kumar Upman
Criminal Appealbody2025
DailyLaw.ai
[ 2025 DAILYLAW 31198 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 31198 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:6127] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Appeal (Sb) No. 2567/2024 Sahdev Alias Sukhdev S/o Pannalal, Aged About 40 Years, Resident Of Khandach Police Station Bandar Sindri District Ajmer (Accused Confined In Central Jail At Ajmer) ----Appellant Versus
1. State Of Rajasthan, Through Public Prosecutor
2. Mohan Lal S/o Kishan Lal, Aged About 70 Years, Resident Of Village Khandach Bandar Sindri Dsitrict Ajmer Rajasthan ----Respondents For Appellant(s) : Mr. Rajendra Singh Tanwar For Respondent(s) For Complainant(s) : : Mr. Jaiprakash Tiwari, PP Mr. Hanuman Choudhary HON'BLE MR. JUSTICE ANIL KUMAR UPMAN
Order 12/02/2025
1. The instant appeal has been filed under Section 14A(2) SC/ST (Prevention of Atrocities) Act being aggrieved of the order dated 21.09.2024 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Ajmer (Raj) in Bail Application No.879/2024 rejecting the bail application preferred on behalf of the appellant, who is in custody in connection with FIR No.112/2024 registered at Police Station Bandar Sindri, District Ajmer (Rajasthan) for the offences under Sections 115(2), 109(1) & 333 of BNS and Sections 3(1)(r), 3(1)(s) & 3(2)(va) of SC/ST Act. Later on, police filed charge-sheet in this matter for the offences punishable under Sections 115(2) & 118(2) of BNS and Sections 3(1)(r), 3(1)(s), 3(2)(v) & 3(2)(va) of SC/ST Act.
[2025:RJ-JP:6127] (2 of 3) [CRLAS-2567/2024]
2. It is contended by learned counsel for the appellant that appellant has falsely been implicated in this case. Counsel submits that according to the medical opinion, three injuries were found on the person of the injured out of which one is grievous in nature. Counsel submits that none of the injury sustained to injured has been opined as dangerous to life. Counsel submits that there are no criminal antecedents of the appellant. Appellant is is custody since 19.09.2024 and trial will take considerable time in its conclusion. Further custody of the appellant would not serve any fruitful purpose.
3. Per contra, learned Public Prosecutor as well as learned counsel for the complainant vehemently opposes the prayer of bail made in this appeal. Counsel for the complainant submits that there is serious allegation against the appellant that he caused grievous injury on the person of the injured after entering the house of the victim/injured.
4. Heard learned counsel for the appellant, learned Public Prosecutor and learned counsel for the complainant. Perused the material available on record.
5. 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; charge-shet has been filed in this matter and trial will take considerable time in its conclusion; 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.
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6. Consequently, the instant appeal is allowed. The impugned
order dated 21.09.2024 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Ajmer (Raj) in Bail Application No.879/2024 is set aside. It is ordered that the accused-appellant Sahdev Alias Sukhdev S/o Pannalal arrested in connection with FIR No.112/2024 registered at Police Station Bandari Sindri, District Ajmer (Rajasthan), shall be released on bail, if not wanted in any other case, provided he 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.
7. The observation made hereinabove is only for decision of the instant appeal and would not have any impact on the trial of the case in any manner.
(ANIL KUMAR UPMAN), J LALIT MOHAN /217