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2025 DAILYLAW 41540 (RAJ)

BHUPENDRA SINGH S/O NARENDRA SINGH v. STATE OF RAJATHAN

CRLAS/2213/2025 · 2025-08-27

Anil Kumar Upman

Criminal Appealbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:34218] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Appeal (Sb) No. 2213/2025 Bhupendra Singh S/o Narendra Singh, Aged About 23 Years, R/o Ward No. 35, Khairthal Police Station Khairthal District Khairthal (At Present Are Confined In Central Jail Alwar) ----Appellant Versus 1. State Of Rajathan, Through PP 2. Pranjal W/o Kartik, R/o Ward No. 34, Near Hanuman Pahadi, Khairthal District Khairthal Tijara (Rajasthan) ----Respondents For Appellant(s) : Mr. Sumer Singh Ola For Respondent(s) For Complainant(s) : : Mr. N.S. Dhakar, PP Mr. Navdeep Singh HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 27/08/2025 1. This instant appeal has been filed under Section 14A(2) SC/ST (Prevention of Atrocities) Act being aggrieved of the order dated 12.08.2025 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Alwar in Bail Application No.281/2025 (CIS No.246/2025) rejecting the bail application preferred on behalf of the appellant, who is in custody in connection with FIR No.144/2025 registered at Police Station Khairthal, District Khairthal-Tijara for the offences under Sections 189(2), 115(2), 126(2), 324(4) & 303(2) of Bharatiya Nyaya Sanhita, (in short ‘BNS’) 2023. Investigation is being conducted for offences punishable under Sections 189(2), 115(2), 126(2), 117(2), 110, 140(3) & 324(4) of BNS, 2023 and Sections 3(1)(r), [2025:RJ-JP:34218] (2 of 3) [CRLAS-2213/2025] 3(1)(s) & 3(2)(va) 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. It is contended that injured namely- Kartik has sustained 7 seven injuries, out of which, two injuries have been opined as grievous in nature. It is contended that there are no criminal antecedents against the appellant and trial will take considerable time in its conclusion. Counsel submits that appellant is in custody since 05.08.2025 and further custody of the appellant would not serve any fruitful purpose. 3. Per contra, learned Public Prosecutor assisted by learned counsel for the complainant vehemently opposes the prayer for 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, especially considering the fact that there are no criminal antecedents against the appellant and trial will take considerable 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. 6. Consequently, this instant appeal is allowed. The impugned order dated 12.08.2025 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Alwar is set aside. It is ordered that the accused-appellant Bhupendra Singh S/o Narendra [2025:RJ-JP:34218] (3 of 3) [CRLAS-2213/2025] Singh, arrested in connection with FIR No.144/2025 registered at Police Station Khairthal, District Khairthal-Tijara, 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. 7. It is made clear that the accused-appellant shall not involve in any other offence(s) during currency of the bail and he shall not induce or influence or tamper with any prosecution evidence/witness. It is further directed that accused-appellant shall not leave District Khairthal-Tijara without leave of the trial court. 8. If any breach of these conditions is reported or come to the notice of the Court, the same shall alone be a reason for the trial Court to cancel the bail granted to him by this Court. 9. The observations made hereinabove are only for decision of the instant appeal (bail) and shall not have any impact on the trial of the case in any manner. (ANIL KUMAR UPMAN),J CHARU SONI /286