SOHIL KHAN @ SOHEL S/O SHREE ABDUL AJEEJ @ AJEEJ MOHD. v. STATE OF RAJASTHAN
CRLAS/2465/2025 · 2025-10-10
Sameer Jain
Criminal Appealbody2025
DailyLaw.ai
[ 2025 DAILYLAW 41764 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 41764 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:41413] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Appeal (Sb) No. 2387/2025 Arvind Singh S/o Shri Harisingh, Aged About 25 Years, Resident Of Chrasda, Jaipur (Rajasthan). (At Present Confined At District Jail, Jaipur) ----Appellant Versus
1. The State Of Rajasthan, Through Its Public Prosecutor
2. Vijayraj S/o Shri Nemichand, Resident Of Oswal Colony, Dudu, Jaipur Rural, Rajasthan. ----Respondents Connected With S.B. Criminal Appeal (Sb) No. 2386/2025 Narayan Singh S/o Shri Harisingh, Aged About 30 Years, Resident Of Chrasda, Jaipur (Rajasthan). (At Present Confined At District Jail, Jaipur) ----Appellant Versus
1. The State of Rajasthan through its Public Prosecutor
2. Vijayraj S/o Shri Nemichand, Resident Of Oswal Colony, Dudu, Jaipur Rural, Rajasthan. ----Respondents S.B. Criminal Appeal (Sb) No. 2465/2025 Sohil Khan @ Sohel S/o Shree Abdul Ajeej @ Ajeej Mohd., Aged About 22 Years, R/o Village Chappya, Police Station Dudu, District Jaipur Rural, Raj. (At Present In District Jail, Jaipur) ----Appellant Versus
1. State of Rajasthan through P.P.
2. Vijayaraj S/o Nemichand, R/o Oswal Colony Dudu, Jaipur Rural Rajasthan ----Respondents
[2025:RJ-JP:41413] (2 of 3) [CRLAS-2387/2025] For Appellant(s) : Mr. Bal Ram Vashisth Mr. Yunus Khan For Respondent(s) : Mr. Rhishi Raj Singh Rathore, PP with Mr. Gaurav Gupta, AGA & Mr. Anirudh Singh Mr. Majhar Hussain Mr. Javed Baig HON'BLE MR. JUSTICE SAMEER JAIN
Order 10/10/2025
1. The instant appeal has been filed under Section 14A SC/ST (Prevention of Atrocities) Act, 1989 on behalf of the appellants, who are in custody in connection with FIR No. 77/2025 registered at Police Station Dudu District Dudu for the offences under Sections 189(2), 115(2), 126(2), 352, 109(1) of BNS, 2023 and Sections 3(1)(r), 3(1) (s), 3(2)(v), 3(2)(va) of the SC/ST (Prevention of Atrocities) Act.
2.
Learned counsel for the accused-appellants has submitted that Co-ordinate Bench of this Court in S.B. Criminal Appeal (SB) No.2013/2025 and S.B. Criminal Appeal (SB) No.2014/2025 titled as Hari Singh & Anr. Vs. The State of Rajasthan & Anr. & Shahrukh Khan Alias Shahrukh Alias Sheru, vide order dated 20.08.2025 under equivalent factual matrix, duly taking note of the antecedents, allegations and injuries, allowed the appeals, so preferred therein. It is further submitted that accused-appellants are behind the bars ever since 25.08.2025. It is further submitted that charge-sheet has already been filed. Learned counsel for the appellants has placed reliance upon statement of Vijayraj Chawla recorded under Section 183 of BNSS whereby it is submitted that the allegations qua the present appellants and Hari Singh, are on the same pedestal maintaining the parity.
[2025:RJ-JP:41413] (3 of 3) [CRLAS-2387/2025]
3. Per contra, learned Public Prosecutor as well as learned counsel for the complainant have opposed the appeal.
4.
Learned counsel for the complainant has distinguished the matter by stating that the case of the present appellants is on different pedestal.
5. Considering the arguments advanced by learned counsel for the parties, upon a perusal of the material available on record, and taking note of the fact that the co-accused have been granted benefit by the Co-ordinate bench of this Court; that the appellants are in custody ever since 25.08.2025, 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 instant Criminal Appeals of the accused-applicant and enlarge them on bail.
6. Consequently, the instant appeals are allowed. The impugned orders dated 29.08.2025 and 06.09.2025 passed by the Special Judge, SC/ST (Prevention Of Atrocities) Cases, the Court of Special Judge SC/ST (Prevention of Atrocities), Jaipur (Additional Sessions Judge, No.2, Jaipur District, Jaipur) are set aside. It is ordered that the accused-appellants Arvind Singh S/o Shri Harisingh, Narayan Singh S/o Shri Harisingh & Sohil Khan @ Sohel S/o Shree Abdul Ajeej @ Ajeej Mohd. 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 JKP/179-181