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2025 DAILYLAW 33656 (RAJ)

SHANKAR LAL JAT S/O SHRI MALIRAM JAT v. STATE OF RAJASTHAN

CRLAS/3156/2024 · 2025-04-04

Praveer Bhatnagar

Criminal Appealbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:15271] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Appeal (Sb) No.3156/2024 Shankar Lal Jat S/o Shri Maliram Jat, Aged About 38 Years, R/o Ward No.7, Dulha Singh Dhani, Kasaba Chomu, Tehsil Chomu, District Jaipur (Rajasthan) ----Appellant Versus 1. State Of Rajasthan, Through PP 2. Victim, R/o ----Respondents For Appellant(s) : Mr. Mukesh Kumar Saini, Adv. For Respondent(s) : Mr. Shree Ram Dhakar, PP HON'BLE MR. JUSTICE PRAVEER BHATNAGAR Order 04/04/2025 1. This criminal appeal under Section 14A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter to be referred as 'the SC/ST Act’) has been filed on behalf of the appellant being aggrieved with the order dated 19.11.2024 passed by the learned Special Court S.C./S.T. (Prevention of Atrocities Cases), (Additional Session Judge No.2) Jaipur Metropolitan Second (hereinafter to be referred as ‘trial court’) in Anticipatory Bail Application 170/2024 (CIS No.2915/2024), whereby the trial court has dismissed the bail application filed on behalf of the appellant. 2. The appellant apprehends his arrest in connection with No. FIR No.548/2024, registered at Police Station Chomu, District [2025:RJ-JP:15271] (2 of 3) [CRLAS-3156/2024] Jaipur (West), for the offences punishable under Sections 65(1) of BNS and Sections 3(2)(va) of SC/ST Act. 3. Learned counsel for the appellant submits that the appellant has falsely been implicated in this case. It is contended that the appellant and the prosecutrix have entered into compromise and the prosecutrix has submitted the affidavit containing the fact that she does not want to further pursue the prosecution. The Court vide order dated 25.03.2025 directed the Investigating Officer to verify about the sanctity of compromise and the affidavit presented before the Court by the prosecutrix. 4. Learned Public Prosecutor has submitted the factual report, containing the fact that the prosecutrix does not want to pursue the complaint. 5. Learned Public Prosecutor has vehemently opposed the appeal. It is contended that the prosecutrix in her FIR has alleged commission of rape against the appellant, therefore, the bail of the accused-appellant may be dismissed. 6. Heard and perused material available on record. 7. It is not desirable to express anything on the merits of the case, in pursuance to the direction dated 25.03.2025, the learned Public Prosecutor has submitted the verification report containing the fact that the prosecutrix does not want to pursue the prosecution, therefore, I deem it just and proper to allow the appeal filed by the accused-appellant under Section 14-A(2) of SC/ST Act. [2025:RJ-JP:15271] (3 of 3) [CRLAS-3156/2024] 8. Accordingly, this criminal appeal filed under Section 14A(2) of SC/ST Act is allowed and the order dated 19.11.2024 passed by the learned Special Court S.C./S.T. (Prevention of Atrocities Cases), (Additional Session Judge No.2) Jaipur Metropolitan Second is set aside. It is directed that in the event of arrest of the appellant- Shankar Lal Jat S/o Shri Maliram Jat, in connection with FIR No.548/2024, registered at Police Station Chomu, District Jaipur (West), he shall be enlarged on bail provided he furnishes a personal bond in a sum of Rs.50,000/- with two sound and solvent sureties of Rs.25,000/- each to the satisfaction of the concerned I.O./S.H.O. on the following conditions:- (i) He shall make himself available for interrogation by Investigating Officer as and when required; (ii) He shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any Police Officer; (iii) He shall not leave India without the previous permission of the Court. (PRAVEER BHATNAGAR),J Ashwani Kr Srivastava /-79