[2025:RJ-JP:44094] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Appeal (Sb) No. 2621/2025 Kailashchand Sharma Son Of Shri Mohanlal Sharma, R/o Gothda Bhukran, Police Station Dadiya, Rajasthan, Presently Resident Of House No 10/131, Housing Board, Shivshinghpura, Kudli, Police Station Udyog Nagar, Sikar District Sikar Rajasthan. (At Present Accused-Petitioner Confined In District Jail Sikar) ----Appellant Versus 1. State Of Rajasthan, Through P.p. 2. Mahaveer Prasad Son Of Shri Jeevanram, R/o Dugoli Sadar Sikar, Rajasthan ----Respondents Connected with S.B. Criminal Appeal (Sb) No. 2726/2025 Jitu Rao Urf Jitendra Rana Urf Nakli Dilip Sansi Son Of Shri Bhagwan Sahay, R/o Rajputo Ka Mohalla, Kanota, Police Station Kanota, Jaipur Rajasthan. (At Present Accused-Petitioner Confined In District Jail Sikar) ----Appellant Versus 1. State Of Rajasthan, Through P.p. 2. Mahaveer Prasad Son Of Shri Jeevanram, R/o Dugoli Sadar Sikar, Rajasthan ----Respondents For Appellant(s) : Mr. Sumer Singh For State For Complainant : : Ms. Arti Sharma, PP Mr. Shubha Kumar Sharma HON’BLE MR. JUSTICE SAMEER JAIN Judgment 03/11/2025 [2025:RJ-JP:44094] (2 of 3) [CRLAS-2621/2025] 1. The instant appeals have been filed under Section 14A(2) SC/ST (Prevention Of Atrocities) Act on behalf of the appellants, who are in custody in connection with FIR No. 125/2025 Police Station Kotwali District Sikar for the offences under Sections 318(2), 316(2), 61(2) of BNS and thereafter as per orders under Sections 318(4), 319(2), 316(2), 338, 336(3), 340(2), 61(2), 111(2)(b), 111(3), 111(4) of BNS and Sections 3(2)(v) of the SC/ST (Prevention Of Atrocities) Act. 2. It is submitted by learned counsel for the appellants that the dispute in the present matters is of civil flavour. Nevertheless, the co-accused Balveer, after consideration of the criminal antecedents, has been enlarged on bail vide order dated 01.08.2025 in SBCRLMB No. 8492/2025. It is further submitted that cheques of Rs. 45 Lacs has been given to the complainant. 3. Per contra, learned Public Prosecutor and counsel for the complainant have opposed the appeals. It is submitted that matters pertain to cheating caused with the SC/ST caste person. It is further submitted that appellant-Kailashchand Sharma is master-mind of the case and he is having identical criminal antecedents. It is also submitted that appellant-Jitu Rao Urf Jitendra Rana Urf Nakli Dilip Sansi, are also having criminal antecedents which are of similar nature. therefore, history of the criminal antecedents of the appellants reflects that present case is planned and organized. Furthermore, it is submitted that payment of cheques of Rs. 45 Lacs, which is not encahsed, is merely an argument to secure the bail. [2025:RJ-JP:44094] (3 of 3) [CRLAS-2621/2025] 4. Considering the arguments advanced by learned counsel for the parties, considering that appellants are having criminal antecedents of similar nature; that appellant-Kailashchand Sharma is master-mind of the case; that contention for giving cheques of Rs. 45 Lacs to the complainant, which is not encahsed, is merely an argument to secure the bail and looking to the overall facts and circumstances of the case and material on record but without commenting on merits/demerits of the case, this court is not inclined to allow the appeals. 5. Consequently, the instant appeals are dismissed. (SAMEER JAIN),J Pooja /230,248