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[2025:RJ-JP:4155] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Appeal (Sb) No. 3350/2024 Sonu Kumar S/o Mohan Lal, R/o Guliyon Ki Dhani, Jeevanpura Tan Surera, P.S. Dantaramgarh, District Sikar, Rajasthan (At Present In Custody District Jail Sikar) ----Appellant Versus
1. State Of Rajasthan, Through Public Prosecutor
2. Rohit S/o Shri Sitaram, R/o Ward No. 03, Surera, Dantaramgarh, District Sikar. ----Respondents For Appellant(s) : Mr. Vinod Choudhary For Respondent(s) : Mr. N.S. Dhakar, PP Mr. M.S. Shekhawat, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN
Order 28/01/2025
1. This instant appeal has been filed under Section 14(2)(A) SC/ST (Prevention of Atrocities) Act being aggrieved of the order dated 03.12.2024 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Sikar in Bail Application (CIS) No.956/2024 rejecting the bail application preferred on behalf of the appellant, who is in custody in connection with FIR No.333/2024 registered at Police Station Dantaramgarh, District Sikar for the offences under Sections 126(2), 115(2), 352 & 109(1) of BNS and Sections 3(1)(r), 3(1)(s), 3(2)(v) & 3(2)(va) of SC/ST (Prevention of Atrocities) Act. Charge-sheet has been filed for offences punishable under Sections 126(2), 115(2), 352,
[2025:RJ-JP:4155] (2 of 3) [CRLAS-3350/2024] 117(2), 351(2), 351(3) & 109(1) of BNS and Sections 3(1)(r), 3(1)(s), 3(2)(v) & 3(2)(va) of SC/ST (Prevention of Atrocities) Act.
2. It is contended by learned counsel for the appellant that appellant has falsely been implicated in this case. It is contended that after investigation, police has filed charge-sheet against the appellant. Learned counsel submits that except one grievous injury, which is on the non-vital part of the body, all injuries are simple in nature. It is submitted that appellant has no criminal antecedents and he is in custody since 24.09.2024. Charge-sheet has been filed and trial of the case will take considerable time. Further custody of the appellant would not serve any fruitful purpose.
3. Per contra, learned Public Prosecutor oppose the prayer of bail made in this appeal. Despite information, none has put in appearance on behalf of the victim/complainant to oppose this appeal.
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 as also considering the nature of injuries; absence of criminal antecedents; filing of charge-sheet 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.
6. Consequently, these instant appeal is allowed. The impugned
order dated 03.12.2024 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Sikar is set aside. It is ordered
[2025:RJ-JP:4155] (3 of 3) [CRLAS-3350/2024] that the accused-appellant Sonu Kumar S/o Mohan Lal, arrested in connection with aforesaid FIR No.333/2024 registered at Police Station Dantaramgarh, District Sikar, shall be released on bail, if not wanted in any other case, provided he 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 /280