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2025 DAILYLAW 40063 (RAJ)

TUFAN SINGH S/O UDAY SINGH v. STATE OF RAJASTHAN

CRLAS/2549/2025 · 2025-11-03

Sameer Jain

Criminal Appealbody2025

Judgment text

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[2025:RJ-JP:44084] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Appeal (Sb) No. 2549/2025 Tufan Singh S/o Uday Singh, Aged About 44 Years, R/o Guwalad, P.s. Gangdhar, District Jhalawar (Raj.) (At Present Confined In District-Jail, Jhalawar) ----Appellant Versus 1. State Of Rajasthan, Through P.p. 2. Shankar Lal S/o Gulabji Meghwal, R/o Guwalad, Police Station Gangdhar, District Jhalawar (Raj.) ----Respondents For Appellant(s) : Mr. Shailesh Kumar Panwar For Respondent(s) : Ms. Arti Sharma, PP HON’BLE MR. JUSTICE SAMEER JAIN Judgment 03/11/2025 1. The instant appeal has been filed under Section 14A(2) SC/ST (Prevention Of Atrocities) Act on behalf of the appellant, who is in custody in connection with FIR No. 84/2025 Police Station Gangdhar District Jhalawar for the offences under Sections 189(2), 126(2), 352 of BNS and Sections 3-1(za)(B), 3(1)(y)(r)(s) of the SC/ST (Prevention Of Atrocities) Act. 2. Learned Public Prosecutor has submitted that service has been carried out upon the complainant, yet no one has marked presence on behalf of the complainant. 3. It is submitted by learned counsel for the appellant that the appellant has been falsely implicated in the matter. It is further submitted that except the provisions of SC/ST Act, all other leveled allegations are all bailable in nature. It is further submitted [2025:RJ-JP:44084] (2 of 2) [CRLAS-2549/2025] that the co-accused has already been enlarged on bail vide order dated 25.06.2025 by the Co-ordinate Bench of this Court. 4. Per contra, learned Public Prosecutor has opposed the present appeal. 5. Having heard the arguments advanced by learned counsel for the parties, considering that co-accused has been enlarged on bail by the Co-ordinate Bench; that the issues involved are petty in nature 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 inclined to allow the appeal and enlarge him on bail. 6. Consequently, the instant appeal is allowed. The impugned order dated 06.09.2025 passed by the Special Judge, SC/ST (Prevention Of Atrocities) Cases, Jhalawar is quashed and set aside. It is ordered that the accused-appellant Tufan Singh S/o Uday Singh arrested in connection with aforesaid FIR, 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. (SAMEER JAIN),J Pooja /229