MS. KAMALDEEP KAUR D/O SARABJEET SINGH C/O MUNESHWAR LAL JAIN v. STATE OF RAJASTHAN
CRLAS/3050/2024 · 2025-01-03
Anil Kumar Upman
Criminal Appealbody2025
DailyLaw.ai
[ 2025 DAILYLAW 33148 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 33148 (RAJ) · dailylaw.ai ]
Judgment text
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[2025:RJ-JP:432] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Appeal (Sb) No. 3050/2024 Ms. Kamaldeep Kaur D/o Sarabjeet Singh C/o Muneshwar Lal Jain, R/o House No. 932/1, Sector 40-A, Chandigarh Punjab At Present R/o Flat No 903, Plot No. B-2, B-5, Royal Ornet Apartment, Siddharth Nagar -B, Police Station Airport Jaipur City East (At Present In Central Jail Jaipur) ----Appellant Versus
1. State Of Rajasthan, Through The PP
2. Indrajeet Verma Son Of Gullaram, R/o 260, Lalkothi Sabjimandi, Police Station Jyoti Nagar, Jaipur South At Present Gard Royal Ornet Apartment, Siddharth Nagar-B, Police Station Airport Jaipur East ----Respondents For Appellant(s) : Mr. Mor Mukut Gothwal (though VC) For Respondent(s) : Mr. Amit Kumar Gupta, PP Mr. Vishal Pareek, for complainant HON'BLE MR. JUSTICE ANIL KUMAR UPMAN
Order 03/01/2025
1. This instant appeal has been filed under Section 14(1)(A) SC/ST (Prevention of Atrocities) Act being aggrieved of the order dated 02.09.2024 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Jaipur Metropolitan-First in Bail Application No.221/2024 (CIS No.1843/2024) rejecting the bail application preferred on behalf of the appellant, who is in custody in connection with FIR No.144/2024 Police Station Jaipur Airport, District Jaipur City (East) for the offences under Sections 126(2), 115(2), 351(2) & 352 of BNS and Sections 3(1)(r) & 3(1)(s) of SC/ST (Prevention of Atrocities) Act. During investigation, offences
[2025:RJ-JP:432] (2 of 3) [CRLAS-3050/2024] under Sections 126(2), 115(2), 117(1), 351(2) & 352 of BNS and Sections 3(1)(r) & 3(1)(s) of SC/ST (Prevention of Atrocities) Act have been found proved against the appellant.
2. It is contended by learned counsel for the appellant that appellant has falsely been implicated in this case. It is contended that all other offences, except offences under SC/ST Act, are bailable in nature. It is submitted that appellant is female and she is in custody since 22.08.2024. It is submitted that charge-sheet has been filed, trial of the case will take considerable time and further custody of the appellant would not serve any fruitful purpose.
3. Per contra, learned Public Prosecutor assisted by learned counsel for the complainant vehemently opposes the prayer of bail made in this appeal. They submit that other cases have also been registered against the appellant.
4. Heard. 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 appellant and looking to the fact that appellant is female; she is in custody since 22.08.2024 as well as filing of charge-sheet, but without expressing any opinion on merits/demerits of this case, this Court deems it just and proper to enlarge the appellant on bail.
6. Consequently, these instant appeal is allowed. The impugned
order dated 02.09.2024 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Jaipur Metropolitan-First is set aside. It is ordered that the accused-appellant Ms. Kamaldeep
[2025:RJ-JP:432] (3 of 3) [CRLAS-3050/2024] Kaur D/o Sarabjeet Singh C/o Muneshwar Lal Jain, arrested in connection with aforesaid FIR No.144/2024 registered at Police Station Jaipur Airport, District Jaipur City (East) shall be released on bail, if not wanted in any other case, provided she 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.
(ANIL KUMAR UPMAN),J CHARU SONI /424