SHIVRAJ RAWAT S/O LATE DHARMA RAWAT v. STATE OF RAJASTHAN
CRLAS/3472/2024 · 2025-03-07
Anil Kumar Upman
Criminal Appealbody2025
DailyLaw.ai
[ 2025 DAILYLAW 35786 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 35786 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:10481] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Appeal (Sb) No. 3472/2024 Shivraj Rawat S/o Late Dharma Rawat, Aged About 46 Years, Resident Of Gram Daulatpura Police Station Bhinai District Kekri Presently Accused Confined In Central Jail At Ajmer) ----Accused-Appellant Versus
1. State Of Rajasthan, Through Public Prosecutor. Respondent
2. Rohit Kumar S/o Shri Ramratan, Aged About 38 Years, Resident Of Bhawanikheda, Nasirabad Nasirabad Sadar Ajmer Rajasthan Presently Residing At Wild Resort Tilora Road, Pushkar Ajmer Rajasthan. ----Complainant-Respondent No.2 For Appellant(s) : Mr. Rajendra Singh Tanwar, Adv. For Respondent(s) : Ms. Arti Sharma, PP with Mr. Shubham Sain, AAAG HON'BLE MR. JUSTICE ANIL KUMAR UPMAN
Order 07/03/2025
1. This instant appeal has been filed under Section 14-A(2) SC/ST (Prevention of Atrocities) Act being aggrieved of the order dated 09.12.2024 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Ajmer (Raj) in Bail Application No.1191/2024 rejecting the bail application preferred on behalf of the appellant, who is in custody in connection with FIR No.420/2023 registered at Police Station Pushkar, District Ajmer for the offences under Sections 323, 341, 504 of IPC and Sections 3(1)(r), 3(1)(S), 3(2)(va) of SC/ST (Prevention of Atrocities) Act, 1989 (Amendment, 2015). Later on, police filed charge-sheet in
[2025:RJ-JP:10481] (2 of 3) [CRLAS-3472/2024] this matter for the offences under Sections 323, 341, 504, 326 of IPC and Sections 3(1)(r), 3(1)(S), 3(2)(va), 3(2)(v) of SC/ST (Prevention of Atrocities) Act, 1989 (Amendment, 2015)
2. It is contended by learned counsel for the appellant that appellant has falsely been implicated in this case. Learned counsel submits that alleged incident took place on the spur of moment. He argues that charge-sheet has already been filed, there are no criminal antecedents against the appellant and trial of the case will take considerable time in its conclusion. He contends that the appellant is in custody since 06.12.2024 and 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. She submits that complainant/victim of this case has been duly informed about hearing of this criminal appeal.
4. Despite information, no one has appeared on behalf of the complainant.
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 as also looking to the material available on record in the form of charge-sheet; absence of criminal antecedents and trial will take time in its conclusion 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.
[2025:RJ-JP:10481] (3 of 3) [CRLAS-3472/2024]
7. Consequently, this instant appeal is allowed. The impugned
order dated 09.12.2024 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Ajmer (Raj) is set aside. It is ordered that the accused-appellant – Shivraj Rawat S/o Late Dharma Rawat arrested in connection with aforesaid FIR No.420/2023 registered at Police Station Pushkar, District Ajmer, 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.
(ANIL KUMAR UPMAN),J MADAN/218