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2025 DAILYLAW 34284 (RAJ)

NAR SINGH LAL S/O LATE SHRI RADHESHYAM SHARMA v. STATE OF RAJASTHAN

CRLAS/3289/2024 · 2025-01-23

Anil Kumar Upman

Criminal Appealbody2025

Judgment text

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[2025:RJ-JP:3511] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Appeal (Sb) No. 84/2025 Arjun Sharma S/o Nar Singh Sharma, Aged About 27 Years, R/o House No. 999, Jatji Ki Bagichi Laxminarayan Puri Police Station Ramganj Mandi, Jaipur ----Appellant Versus 1. State Of Rajasthan, Through PP 2. Arjun S/o Shri Kailash Sankhla, Aged About 31 Years, R/o House No. 1053/4, Jatji Ki Bagichi Laxminarayan Puri Station Ramganj Jaipur Dsitrict Jaipur ----Respondents Connected With S.B. Criminal Appeal (Sb) No. 3289/2024 Nar Singh Lal S/o Late Shri Radheshyam Sharma, Aged About 59 Years, R/o House No. 999, Jatji Ki Bagichi, Laxminarayanpuri, Police Station Ramganj , Jaipur. ----Appellant Versus 1. State Of Rajasthan, Through PP 2. Arjun Sankhla S/o Shri Kailash Sankhla, Aged About 31 Years, R/o House No. 1053/4, Jatji Ki Bagichi, Gangaji Wali Dhani, Village Radaas, Police Station Amarsar, District Jaipur. ----Respondents For Appellant(s) : Mr. Vipin Sharma For Respondent(s) : Mr. Shriram Dhakad, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 23/01/2025 1. These appeals have been filed under Section 14(2)(A) SC/ST (Prevention of Atrocities) Act being aggrieved of the order dated 27.11.2024 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Jaipur Metropolitan-II in Bail Application No.173/2024 (CIS No.3038/2024) rejecting the bail application preferred on behalf of the appellants, who are in custody in connection with FIR No.474/2024 registered at Police Station [2025:RJ-JP:3511] (2 of 3) [CRLAS-84/2025] Ramganj, District Jaipur City (North) for the offences under Sections 115(2), 126(2), 125, 191(2), 193(3), 190 & 79 of BNS and Sections 3(1)(r), 3(v) & 3(2)(va) of SC/ST (Prevention of Atrocities) Act. During investigation, offences under Sections 115(2), 117(2), 126(2), 125, 191(2), 193(3), 190 & 79 of BNS and Sections 3(1)(r), 3(v) & 3(2)(va) of SC/ST (Prevention of Atrocities) Act have been found proved against the appellants. 2. It is contended by learned counsel for the appellants that appellants have falsely been implicated in this case. It is contended that appellants have been arrested in this matter solely on the basis of the fact that they are relatives of co-accused Vijay Kumar Sharma whose daughter entered into inter-caste marriage with the brother of the complainant. Learned counsel submits that omnibus allegations have been levelled against the appellants in the FIR. It is submitted that appellants have no criminal antecedents and they are in custody since 20.10.2024. Charge- sheet has been filed and trial will take time in its conclusion. Further custody of the appellants would not serve any fruitful purpose. 3. Per contra, learned Public Prosecutor opposes the prayer of bail made in these appeals. He submits that despite information, none has put in appearance on behalf of the victim/complainant to oppose these appeals. 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 both the appellants and looking to the fact that appellants have no [2025:RJ-JP:3511] (3 of 3) [CRLAS-84/2025] criminal antecedents and they are in custody since 20.10.2024; Charge-sheet has been filed and trial will take time in its conclusion, but without expressing any opinion on merits/demerits of this case, this Court deems it just and proper to enlarge the appellants on bail. 6. Consequently, these instant appeals are allowed. The impugned order dated 27.11.2024 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Jaipur Metropolitan-II is set aside. It is ordered that the accused- appellants (1) Arjun Sharma S/o Nar Singh Sharma, & (2) Nar Singh Lal S/o Late Shri Radheshyam Sharma, arrested in connection with aforesaid FIR No.474/2024 registered at Police Station Ramganj, District Jaipur City (North), 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. (ANIL KUMAR UPMAN),J CHARU SONI /275-276