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2025 DAILYLAW 3884 (RAJ)

ABHISHEK YADAV S/O SHRI GOPAL YADAV v. STATE OF RAJASTHAN

CRLAS/180/2025 · 2025-02-11

Anil Kumar Upman

Criminal Appealbody2025

Judgment text

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[2025:RJ-JP:6201] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Appeal (Sb) No. 180/2025 Abhishek Yadav S/o Shri Gopal Yadav, Aged About 20 Years, R/o Tejpura Hanutiya Radawas Amarsar District Jaipur Presently At Shyam Vihar, Near Bharat Gas Agency Khori Road, Shahpura, Police Station Shahpura District Jaipur (Presently Confined In Central Jail Jaipur) ----Appellant Versus 1. State Of Rajasthan, Through PP 2. Mukesh Kumar Meena S/o Suraj Mal Meena, R/o Chak Manoharpur, Chandwaji Jaipur Rural Rajasthan ----Respondents For Appellant(s) : Mr. Anish Bhadala For Respondent(s) : Mr. Jai Prakash Tiwari, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 11/02/2025 1. This instant appeal has been filed under Section 14(2)(A) SC/ST (Prevention of Atrocities) Act being aggrieved of the order dated 09.01.2025 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Jaipur District Jaipur in Bail Application No.03/2025 (NCV No.3/2025) rejecting the bail application preferred on behalf of the appellant, who is in custody in connection with FIR No.357/2024 registered at Police Station Chandwaji, District Jaipur Rural for the offences under Sections 331(7), 109(2) & 3(5) of BNS. Charge-sheet has been filed for offences punishable under Sections 331(7), 3(5), 109(2), 115(2), [2025:RJ-JP:6201] (2 of 3) [CRLAS-180/2025] 126(2) & 118(2) 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 name of the appellant is not appearing in the FIR and only, it has been mentioned that complainant’s father received threat from co-accused Ashok Dagar. Learned counsel submits that it appears from the statement of complainant and his father, who is injured in this case, that appellant was well known to his father. Despite this, his name was not mentioned in the FIR. Learned counsel argues that as per injury report, all injuries have been opined as simple in nature, except one grievous injury which was caused by blunt weapon. It is argued that appellant has no criminal antecedents and he is in custody since 11.10.2024. 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. 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 fact that appellant has no criminal antecedents; charge-sheet has been filed 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:6201] (3 of 3) [CRLAS-180/2025] 6. Consequently, this instant appeal is allowed. The impugned order dated 09.01.2025 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Jaipur District Jaipur is set aside. It is ordered that the accused-appellant Abhishek Yadav S/o Shri Gopal Yadav, arrested in connection with aforesaid FIR No. 357/2024 registered at Police Station Chandwaji, District Jaipur Rural, 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 /221