LOKESH SHARMA S/O SHRI BRISHBHAN SHARMA v. STATE OF RAJASTHAN
CRLAS/1978/2025 · 2025-09-10
Anil Kumar Upman
Criminal Appealbody2025
DailyLaw.ai
[ 2025 DAILYLAW 39446 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 39446 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:36753] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Appeal (Sb) No. 1978/2025 Lokesh Sharma S/o Shri Brishbhan Sharma, Aged About 27 Years, R/o Village Sikroda Tehsl Roopbaas Police Station Gahnoli Mod, Bharatpur At Present Tenant House No. 151, Vardh Mansarovar ,ganpatpura Police Station Vrun Path Mansarovar Jaipur (Presently Lodged At Central Jail Jaipur) ----Appellant Versus
1. State Of Rajasthan, Through Public Prosecutor
2. Vishvesh Kumar Meena S/o Shri Ramkesh Meena, Aged About 41 Years, R/o 482, Behind Hawai Patti Kalan, Ba- manwas District Sawaimadhopur ----Respondents For Appellant(s) : Mr. Sudhir Jain For Respondent(s) For Complainant(s) : : Mr. N.S. Dhakar, PP Mr. Pushpendra Pandey HON'BLE MR. JUSTICE ANIL KUMAR UPMAN
Order 10/09/2025
1. The instant appeal has been filed under Section 14A(2) SC/ST (Prevention of Atrocities) Act being aggrieved of the order dated 16.07.2025 passed by learned Special Court, SC/ST (Prevention of Atrocities) Cases, Jaipur, Metropolitan-I in Bail Application No.143/2025 rejecting the bail application preferred on behalf of the appellant, who is in custody in connection with FIR No.440/2025 registered at Police Station Shipra Path, District Jaipur City (South) for the offences punishable under Sections 318(4), 316(2), 189(2), 115(2), 126(2), 127(2), 140(3) & 308(2) of the Bharatiya Nyaya Sanhita, (in short ‘BNS’) 2023 and Section
[2025:RJ-JP:36753] (2 of 3) [CRLAS-1978/2025] 3(2)(va) of SC/ST (Prevention of Atrocities) Act, 1989 (Amendment 2015) & Section 27 of Arms Act.
2. It is contended by learned counsel for the appellant that appellant has falsely been implicated in this case. Counsel submits that parties have entered into compromise and resolved their dispute amicably. Charge-sheet has been filed and trial will take considerable time in its conclusion. Appellant is in custody since 04.07.2025 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, however, learned counsel appearing for complainant does not dispute the factum of compromise.
4. Heard.
5. Having regard to the totality of the facts and circumstances; considering the arguments advanced by learned counsel for the parties, especially the fact that parties have entered into compromise and trial will take considerable time in its conclusion as well as looking to the period of custody, 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, the instant appeal is allowed. The impugned
order dated 16.07.2025 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Jaipur Metropolitan-I in Bail Application No. 143/2025 is set aside. It is ordered that the accused-appellant Lokesh Sharma S/o Shri Brishbhan Sharma arrested in connection with FIR No.440/2025 registered at Police Station Shipra Path, District Jaipur City (South), shall be released
[2025:RJ-JP:36753] (3 of 3) [CRLAS-1978/2025] 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.
7. The observations made hereinabove are only for decision of the instant appeal (bail) and would not have any impact on the trial of the case in any manner.
(ANIL KUMAR UPMAN),J GAUTAM JAIN /274