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[2025:RJ-JP:1239] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Appeal (Sb) No. 3364/2024 Ajeet S/o Deewan Singh, R/o Rohai Ka Nagla Police Station Saipau District Dholpur (Currently In Judicial Custody At District Jail Dholpur) ----Appellant Versus
1. State Of Rajasthan, Through PP
2. Avtar S/o Suresh Chand, R/o Pararu Police Station Kolari District Dholpur ----Respondents For Appellant(s) : Mr. Ankur Singh Tomar For Respondent(s) : Mr. N.S. Dhakar, PP Mr. Virendra Singh, for complainant HON'BLE MR. JUSTICE ANIL KUMAR UPMAN
Order 08/01/2025
1. This instant appeal has been filed under Section 14(2)(A) SC/ST (Prevention of Atrocities) Act being aggrieved of the order dated 12.12.2024 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Dholpur in Bail Application No.187/2024 rejecting the bail application preferred on behalf of the appellant, who is in custody in connection with FIR No.377/2024 registered at Police Station Saipau, District Dholpur for the offences under Sections 115(2), 126(2) & 352 of BNS and Sections 3(1)(r), 3(1)(s) & 3(2)(v) of SC/ST (Prevention of Atrocities) Act. During investigation, offences under Sections 115(2), 126(2), 117(2) & 3(5) of BNS and Sections 3(1)(s) & 3(2)
[2025:RJ-JP:1239] (2 of 3) [CRLAS-3364/2024] (va) of SC/ST (Prevention of Atrocities) Act have been found proved against the appellant.
2. It is contended by learned counsel for the appellant that appellant has falsely been implicated in this case. It is contended that all other offences, except the offences punishable under SC/ST Act, are bailable in nature. Learned counsel submits that petty dispute between the parties has been resolved amicably. It is submitted that appellant has no criminal antecedents and he is in custody since 09.12.2024. Trial of the case will take considerable time and further custody of the appellant would not serve any fruitful purpose.
3. Per contra, learned Public Prosecutor opposes the prayer of bail made in this appeal.
4.
Learned counsel appearing for the complainant does not dispute the factum of compromise and he has no objection if facility of bail is granted to the appellant.
5. Heard. 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 and looking to the fact that appellant has no criminal antecedents and he is in custody since 09.12.2024, 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 12.12.2024 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Dholpur is set aside. It is ordered that the accused-appellant Ajeet S/o Deewan Singh, arrested in
[2025:RJ-JP:1239] (3 of 3) [CRLAS-3364/2024] connection with aforesaid FIR No.377/2024 registered at Police Station Saipau, District Dholpur, 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 /377