Research › Search › Judgment

High Court of Rajasthan · body

2025 DAILYLAW 34759 (RAJ)

MOTILAL S/O LALJIRAM v. STATE OF RAJASHTAN

CRLAS/3302/2024 · 2025-01-22

Anil Kumar Upman

Criminal Appealbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:3269] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Appeal (Sb) No. 3302/2024 Motilal S/o Laljiram, Aged About 42 Years, Resident Of Opanchpeepli Police Station Dangipura District Jhalawar (Raj) (At Present Confined In District Jail Jhalawar (Raj) ----Appellant Versus 1. State Of Rajashtan, Through P.p 2. Dulichand S/o Mathuralal, Resident Of Hanotiya Police Station Dangipura District Jhalawar ----Respondents For Appellant(s) : Mr. Rohit Khandelwal For Respondent(s) : Mr. N.S. Dhakar, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 22/01/2025 1. The instant appeal has been filed under Section 14A of SC/ST (Prevention of Atrocities) Act being aggrieved of the order dated 04.12.2024 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Jhalawar (Raj.) in Bail Application No. 283/2024 rejecting the bail application preferred on behalf of the appellant, who is in custody in connection with FIR No.182/2024 registered at Police Station Dangipura, District Jhalawar for the offences punishable under Sections 341, 323 of IPC & Section 3 of SC/ST Act and for offences punishable under Sections 341, 323, 325 of IPC & Section 3-1(r)(s), 3-2(va) of SC/ST Act (in order). 2. It is contended by learned counsel for the appellant that appellant has falsely been implicated in this case. Counsel submits that alleged incident took place on 25.06.2024 while matter was reported to the police on 18.09.2024. It appears from the FIR that [2025:RJ-JP:3269] (2 of 3) [CRLAS-3302/2024] a complaint was also submitted on 10.07.2024 after a delay of 15 days of the alleged incident. It is submitted that all other offences except offences punishable under the SC/ST (Prevention of Atrocities) Act are bailable in nature. Counsel submits that trial of the case will take considerable time. Appellant is in custody since 03.12.2024. Further custody of the appellant would not serve any fruitful purpose. 3. Per contra, learned Public Prosecutor vehemently opposes the prayer of bail made in this appeal. He submits that two other cases have also been registered against the appellant. He further submits that complainant/victim of this case has duly been informed about hearing of this appeal. 4. Despite information no one has put in appearance on behalf of victim/complainant to oppose this appeal. 5. Heard learned counsel for the appellant & learned Public Prosecutor. Perused the material available on record. 6. Having regard to the totality of the facts and circumstances; considering the arguments advanced by learned counsel for both the parties especially the fact that all other offences except offences punishable under the SC/ST (Prevention of Atrocities) Act are bailable in nature; trial will take considerable time as well as 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. 7. Consequently, the instant appeal is allowed. The impugned order dated 04.12.2024 passed by the Special Judge, SC/ST (Prevention Of Atrocities) Cases, Jhalawar (Raj.) is set aside. It is [2025:RJ-JP:3269] (3 of 3) [CRLAS-3302/2024] ordered that the accused-appellant- Motilal S/o Laljiram, arrested in connection with aforesaid FIR No. 182/2024 registered at Police Station Dangipura, District Jhalawar, 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. 8. However, it is made clear that the appellant shall not involve in similar offence(s) during currency of bail granted by this Court. The appellant is further directed to mark his presence in the concerned police station in once of every month, till trial is concluded. 9. Concerned SHO is directed to maintain a register recording the attendance of the appellant, as directed above. In case the appellant fails to mark his presence in the concerned police station, as directed above, the concerned SHO is directed to immediately report the matter to the concerned Court in this regard. 10. If breach of any of these conditions is reported or come to the notice of the Court, the same shall alone be a reason for the trial Court to cancel the bail granted to appellant by this Court. (ANIL KUMAR UPMAN),J GAUTAM JAIN /260