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2025 DAILYLAW 42443 (RAJ)

RAMAVTAR SON OF SHYAMLAL v. STATE OF RAJASHTAN

CRLAS/2424/2025 · 2025-09-26

Ashok Kumar Jain

Criminal Appealbody2025

Judgment text

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[2025:RJ-JP:40013] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Appeal (Sb) No. 2424/2025 Ramavtar Son Of Shyamlal, Aged About 59 Years, Resident Of Village Madha Bujurg Police Station Diholi, District Dholpur Raj. (Presently In District Jail Dholpur) ----Appellant Versus 1. State Of Rajashtan, Through Public Prosecutor 2. Munnalal S/o Anantram, Resident Of Madha Bujurg P.s. Diholi, District Dholpur ----Respondents For Appellant(s) : Mr. Manish Parashar For Respondent(s) : Mr. Rahul Singh Mr. Manvendra Singh Choudhary, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 26/09/2025 1. The instant appeal is filed under Section 14A (2) of SC/ST (POA) Act in a matter arising out of FIR No. 191/2025 at P.S. Diholi, District Dholpur for offence under Sections 115(2), 126(2), 74, 351(2), 351(3) and 352 of BNS and 3(1)(f), 3(1)(s), 3(2)(va) of SC/ST (POA) Act. 2. Learned counsel for appellant submitted that appellant was falsely implicated in present case. He further submitted that no actual injury is caused upon anyone and injury allegedly caused is simple in nature. He further submitted that police has already recovered a stick from possession of present appellant. He further submitted that beside present case, there is one case registered under Section 13 of RPGO. He also submits that the disposal of [2025:RJ-JP:40013] (2 of 3) [CRLAS-2424/2025] case will take its own time and keeping appellant behind the bars would serve no purpose so he is entitled to be released on bail. 3. Learned counsel for applicant-accused submitted that appellant is an innocent person and is in custody since long and trial will take its time and from tomorrow, there is Navaratra and Vijayadashmi Festival and for celebrating the said Festivals with family members, the appellant may be enlarged on bail. 4. Aforesaid contentions were opposed by learned counsel for complainant and learned Public Prosecutor. 5. Heard learned counsel for the parties and learned Public Prosecutor. Perused the material placed on record. 6. Therefore, without expressing any opinion on merits, I am of considered view that it is a fit case wherein appellant can be enlarged on bail. The appeal under Section 14-A SC/ST (PoA) Act is allowed and impugned order dated 03.09.2025 is hereby quashed and the appellant accused Ramavtar Son Of Shyamlal is released on bail till disposal of criminal case arising out of above mentioned FIR with the condition that he would execute a personal bond in the sum of ₹50,000/- with two sureties of ₹25,000/- each to the satisfaction of the learned trial Judge for his appearance in trial court on date fixed by trial court and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:- (i). After release of appellant accused on bail, he will not indulge in any criminal activity and if it is found that he is involved in any criminal activity, the order shall be recalled. [2025:RJ-JP:40013] (3 of 3) [CRLAS-2424/2025] (ii). That he will appear before the trial Court on each and every date of hearing till the disposal of criminal case. (iii). That if the appellant changes the place of residence, he will give in writing his changed address to the trial Court. (iv). Similarly, if the sureties change their address(s),they will give in writing their changed address to the trial Court. (v). The appellant shall not influence prosecution witnesses in any manner. 7. Misc. Application(s), if any, stands disposed of. 8. A copy of this order be sent through E-mail to the trial court. (ASHOK KUMAR JAIN),J PREETI VALECHA /187-S