[2025:RJ-JP:382] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Appeal (Sb) No. 3088/2024 Tofiq Son Of Abdul Habib, Aged About 29 Years, Bachero Ka Gher, Tonk Police Station Kotwali District Tonk ----Appellant Versus 1. State of Rajasthan, through PP 2. Shri Shankar Lal Son Of Madholal, Resident Of Near Chimani Ka Kua, Dhannatalai Police Station Kotwali District Tonk ----Respondents For Appellant(s) : Mr. Kapil Sharma For Respondent(s) : Mr. Sudesh Kumar Saini, PP HON'BLE MR. JUSTICE GANESH RAM MEENA Order 03/01/2025 1. This criminal appeal has been filed by the accused-appellant u/S 14 of the SC/ST (Prevention of Atrocities) Act assailing the order dated 08.11.2024, passed by the learned Special Judge, SC/ST (Prevention of Atrocity) Cases, Tonk in bail application No. (CIS No.) 143/2024, filed by the accused-appellant u/S 483 BNSS in connection with FIR No. 78/2024, registered at Police Station Kotwali, District Tonk for offences u/S 420, 467, 468, 143, 341 & 323 IPC and Section 3(1)(r)(s), 3(2)(v)(va) of SC/ST (Prevention of Atrocities) Act, whereby the bail application filed by the accused-appellant was dismissed. 2. Earlier, the appellant had preferred an Appeal No. 813/2024, which was dismissed as withdrawn vide order dated 08.08.2024. [2025:RJ-JP:382] (2 of 3) [CRLAS-3088/2024] This fresh appeal has been filed after conclusion of the investigation. 3. Learned counsel for the appellant submits that the accused appellant is a bonafide purchaser of the plot from Radhe Shyam with whom the complainant is said to have mortgaged the said plot after borrowing the amount of Rs. 50,000/-. He further submits that the accused appellant is in custody for last more than two months. He also submits that the complainant Shanker Lal has already given an affidavit in favour of the present appellant stating that he has sold the plot in question to the accused appellant by an agreement to sale dated 30.10.2023. Counsel also submits that the accused appellant has been falsely implicated in this case. 4. Per-contra, learned Public Prosecutor submits that the accused appellant and the co-accused Radhe Shyam has committed forgery by preparing forged documents to grab the plot of the complainant. 5. Considered the submissions made at bar and also perused the case diary so also the other documents placed before this Court. 6. As per the averments made, the complainant Shanker Lal who is said to be the owner of the plot in question, has borrowed Rs. 50,000/- from Radhe Shyam and mortgaged the plot. It is further avert that Radhe Shyam after preparing the forged documents, sold the plot to the accused Tofiq. The averments itself speaks that the accused appellant is the bonafide purchaser of the plot from Radhe Shyam with whom the complainant had mortgaged the plot. [2025:RJ-JP:382] (3 of 3) [CRLAS-3088/2024] 7. Counsel for the appellant has also placed before this Court the affidavit of the complainant Shanker Lal Bairwa, wherein he has stated that he has sold the plot to the present accused appellant by way of an agreement to sale. 8. Having regard to the submissions made by learned counsel for the appellant and after perusal of the case diary so also the allegation made against the appellant, this Court feels that the accused appellant who is in custody for last more than two months, deserves to be released on bail. 9. Accordingly, this criminal appeal filed under Section 14 of SC/ST Act is allowed and order dated 08.11.2024, passed by the Special Judge, SC/ST Cases, Tonk in bail application No. (CIS No.) 143/2024 is set aside. It is directed that appellant shall be released on bail in connection with FIR No.78/2024, registered at Police Station Kotwali, District Tonk, provided he executes a personal bond in a sum of Rs.1,00,000/-/- with two sound and solvent sureties of Rs.50,000/- each to the satisfaction of learned trial Court for his appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial. (GANESH RAM MEENA),J GAURAV SRIVASTAVA /49