[2025:RJ-JP:41344] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Appeal (Sb) No. 2265/2024 Devendra Gurjar S/o Late Badrilal Gujar, R/o Village Guda Tehsil Asnawar Dist. Jhalawar At Present House Of Dipendra Singh Hada Radhakrishna Mandir Chhavani Ramchandrapura Police Station Gumanpura Kota (Present Appellant Is In Central Jail Kota) ----Appellant Versus 1. State Of Rajasthan, Through P.P. 2. Hemraj S/o Hukanchand, Residence Of Kota Sadan Ke Piche, Chhawani Kota Gumanpura Kota City (Raj) ----Respondents For Appellant(s) : Ms. Shazadi Bano, Adv.for Mr. Ali Mohd. Khan, Adv. For Respondent(s) : Mr. Rhishi Raj Singh Rathore, PP with Mr. Gaurav Gupta, AGA, Mr. Anirudh Singh HON’BLE MR. JUSTICE SAMEER JAIN Order 10/10/2025 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.242/2024, registered at Police Station Gumanpura, District Kota for the offences under Sections 302 IPC and 3(2)(v) of SC/ST (Prevention Of Atrocities) Act. 2. Learned counsel for the appellant has submitted that the appellant is aged approximately 30 years, and is surviving with a seven-year-old child. It is submitted that in the FIR lodged by the deceased's father, he acknowledges that the fact of love marriage. [2025:RJ-JP:41344] (2 of 3) [CRLAS-2265/2024] It is stated that in the seven years prior to the alleged incident, no complaints of domestic violence or dowry demands were ever made. It is further submitted that the landlord in her statement, recorded that she informed the appellant on the same day, who was not present at the time of the incident. 3. It is further submitted that the appellant lodged an FIR immediately after the incident on 13.05.2024, whereas the present FIR was filed by the deceased's father after an inordinate delay of four days, despite him being informed of the incident on the same day. It is also submitted that the appellant has been in custody ever since 18.05.2024, the charge-sheet has been filed and the trial is likely to take time. Furthermore, it is stated that there are no marks of injury on the deceased and the cause of death was reported as strangulation, which the appellant has also reported to the concerned police station. 4. Per contra, learned Public Prosecutor has opposed the appeal. It is submitted that the cumulative outcome of the FIRs lodged by both i.e. the appellant and the complainant establishes the commission of the heinous offence of murder. 5. Considering the arguments advanced by learned counsel for the parties, and the fact that charge-sheet has been filed; there are no criminal antecedents qua the appellant and he is surviving with a seven-year-old child; that there is no complaint against the appellant prior to the alleged incident; that deceased’s father has registered the present FIR after an inordinate delay; looking to the custody period and looking to the overall facts and circumstances of the case and material on record, this court is inclined to allow [2025:RJ-JP:41344] (3 of 3) [CRLAS-2265/2024] the instant Criminal Appeal of the accused-appellant and enlarge him on bail. 6. Consequently, the instant appeal is allowed. The impugned order dated 30.08.2024 passed by the Special Judge, SC/ST (Prevention Of Atrocities) Cases, Kota is set aside. It is ordered that the accused-appellant Devendra Gurjar S/o Late Badrilal Gujar 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 CHANDAN /166