[2025:RJ-JP:8238] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Appeal (Sb) No. 176/2025 Rehan Son Of Mohammad Aslam, Aged About 27 Years, Resident Of Aliganj Ki Babri Tonk Tehsil And District Tonk ----Appellant Versus 1. State Of Rajasthan, Through PP 2. Shri Shankar Lal Son Of Madholal, Resident Of Near Chiman Ka Kua Dhannatalai Police Station Kotwali District Tonk ----Respondents Connected With S.B. Criminal Appeal (Sb) No. 155/2025 Radhey Shyam S/o Bajrang Lal, Aged About 52 Years, R/o Shankarpura Choraha, Police Thana-Kotwali, Tonk, District-Tonk (Rajasthan). (Accused / Appellant Is Confined In The Tonk-Jail). ----Appellant Versus 1. State Of Rajasthan, Through P.P. 2. Shankar Lal S/o Madho Lal Bairwa, Resident Of Near Chimni Ka Kua, Dhanna - Talai, P.s. Kotwali, District - Tonk-Raj. ----Respondents S.B. Criminal Appeal (Sb) No. 177/2025 Javed Son Of Mohammad Shahid, Aged About 31 Years, Resident Of Bhura Jamadar Ki Gali, Aliganj Ki Babri Tonk Tehsil And District Tonk ----Appellant Versus 1. State Of Rajasthan, Through P.P. 2. Shri Shankar Lal Son Of Madholal, Resident Of Near Chimani Ka Kua, Dhannatalai Police Station Kotwali District Tonk ----Respondents [2025:RJ-JP:8238] (2 of 5) [CRLAS-176/2025] For Appellant(s) : Mr. Kapil Sharma Mr. Hemraj Rodiya For Respondent(s) : Mr. Vijay Singh Yadav, PP HON'BLE MR. JUSTICE GANESH RAM MEENA Order 24/02/2025 1. All these three criminal appeals have been filed under Section 14 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter to be referred as 'the SC/ST Act’) on behalf of the appellants being aggrieved with the order dated 07.01.2025 passed by the Court of learned Special Judge S.C./S.T. (Prevention of Atrocities Cases), Tonk (hereinafter to be referred as ‘trial court’) in Bail Application Nos.146/2024, 171/2024 & 172/2024, whereby the trial court has dismissed the bail applications filed on behalf of the appellants in connection with FIR No.78/2024, registered with Police Station Kotwali Tonk, District Tonk for the offences punishable under Sections 420, 467, 468, 143, 341 & 323 of IPC and Sections 3(1) (r), 3(1)(S) and 3(2)(va) of SC/ST Act. 2. Learned Public Prosecutor submits that since the complainant has expired, his son Ratan Lal has been intimated through S.H.O. of concerned Police Station with regard to filing/hearing of the present criminal appeals. 3. Counsels for the appellants submit that initially the complainant- Shankar Lal Bairwa mortgaged the plot in question with accused- Radhey Shyam, however, later on the complainant- [2025:RJ-JP:8238] (3 of 5) [CRLAS-176/2025] Shankar Lal sold out the plot to one Tofiq vide agreement to sale deed dated 30.10.2023 and after receiving the complete consideration, returned the due amount to accused- Radhy Shyam. It is also submitted that the accused-appellants namely; Rehan & Javed are the only witnesses of the alleged forged agreement. It is also submitted that the complainant- Shankar Lal had already given an affidavit to the effect that he had sold the plot in question to one Tofiq by an agreement to sale deed dated 30.10.2023. The said affidavit has also been placed before this Court, which is taken on record. Counsel further submits that taking into consideration the overall facts and circumstances of the case, no offence as alleged against the present appellants, is made out. 4. Per contra, learned Public Prosecutor has opposed the submissions made by learned counsels for the appellants and submits that the accused appellants in collusion with co-accused, have committed forgery by preparing forged documents to grab the plot of the complainant. 5. Considered the submissions made at bar and also perused the case diary as well as other documents placed before this Court. 6. From consideration of the totality of the facts and circumstances of the case and the material placed before this Court, it is revealed that the dispute between the parties is with regard to mortgage, sale and purchase of the plot in question of the complainant. There are certain documents on record, including [2025:RJ-JP:8238] (4 of 5) [CRLAS-176/2025] the agreement to sale by the complainant- Shankar Lal in favour of one Tofiq, so also the affidavit of the complainant- Shankar Lal, which clearly speaks that he had already sold the plot in question to one Tofiq. 7. Having regard to submissions made by learned counsel for the appellants and perusal of the case diary as well as the material made available before this Court, this Court feels that there is a dispute of sale and purchase of the plot in question and whether the accused-appellants have committed any forgery or not, that could be ascertained only after conclusion of the trial on the basis of prosecution evidence. 8. Since the accused-appellants are in custody for last more than two months, this Court in the totality of the facts and circumstance of the case feels that the accused appellants deserve to be released on bail. 9. Accordingly, all these three criminal appeals filed under Section 14-A(2) of SC/ST Act are allowed and order dated 07.01.2025 passed by the learned Special Judge S.C./S.T. (Prevention of Atrocities Cases), Tonk, is set aside. It is directed that appellants shall be released on bail in connection with FIR No.78/2024 registered at Police Station Kotwali Tonk, District Tonk, provided each of them executes a personal bond in a sum of Rs.1,00,000/-/- (Rupees One Lac Only) with two sound and solvent sureties of Rs.50,000/- (Rupees Fifty Thousand Only) each to the satisfaction of learned trial court for their appearance before that court on each and every date of hearing and whenever [2025:RJ-JP:8238] (5 of 5) [CRLAS-176/2025] called upon to do so till the completion of the trial. 9. Registry is directed to place a copy of this order in each connected files. (GANESH RAM MEENA),J ARTI SHARMA /62-64