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[2025:RJ-JP:17791] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Appeal (Sb) No. 140/2025 Rahul Singh Son Of Ramsingh, Aged About 23 Years, Resident Of Shastri Park Ke Pass Nasiya Colony Gangapurcity (At Present Confined In Jail Gangapurcity ) ----Appellant Versus
1. State Of Rajasthan, Through P.p
2. Mohanlal Sona Of Ramolya, Aged About 73 Years, R/o Nasiya Colony, Ward No. 22, Gangapur City, Police Station Gangapur City District Gangapur City ----Respondents For Appellant(s) : Mr. Brahm Singh Gurjar For Respondent(s) : Mr. Naresh Kumar Gupta, PP HON'BLE MR. JUSTICE PRAMIL KUMAR MATHUR
Order 28/04/2025
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 21.12.2024 passed by the learned Special Judge S.C./S.T. (Prevention of Atrocities Cases), Sawai Madhopur (hereinafter to be referred as ‘trial court’) in FIR No.206/2024 registered at Police Station Gangapur City, District Gangapur City for the offence under Sections 323, 341, 34 and 307 IPC and Sections 3(2)(va) and 3(2)(v) of SC/ST Act whereby the trial court has dismissed the bail application filed on behalf of the appellant.
[2025:RJ-JP:17791] (2 of 3) [CRLAS-140/2025]
2. Heard the learned counsel for the appellant and learned Public Prosecutor and perused the material on record.
3. No one appears for the complainant despite service.
4.
Learned counsel for the appellant submits that the appellant has falsely been implicated in this case. Counsel further submits that in the present matter, charge-sheet has been filed. There is no previous animosity between the injured and the victim and the so called offence has been committed while playing the Cricket. As per the statement recorded under Section 161 Cr.P.C., the only allegation against the present appellat is that he held the injured- Deepak and Ajay. So called injury to the injured Ajay was caused by Pankaj and Shanu. Appellant is behind the bars since 14.12.2024 and no fruitful purpose will be served. The trial of the case may take considerable time, hence the appeal of the appellant may be allowed.
5. Learned Public Prosecutor opposes the prayer made on behalf of the appellant.
6. Considering the facts and circumstances of the case and without commenting anything on the merits/demerits of the case, I deem it just and proper to allow the appeal filed by the appellants under Section 14-A(2) of SC/ST Act.
7. Accordingly, this criminal appeal filed under Section 14-A(2) of SC/ST Act is allowed and order dated 21.12.2024 passed by the learned trial court is set aside. It is directed that appellant-Rahul Singh Son Of Ramsingh shall be released on bail provided each to executes a personal bond in a sum of Rs.50,000/- with two sound and solvent sureties of Rs.25,000/- to the satisfaction of
[2025:RJ-JP:17791] (3 of 3) [CRLAS-140/2025] learned trial court for his appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.
(PRAMIL KUMAR MATHUR),J Arun/177