Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:51332] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Appeal (Sb) No. 2782/2025
1. Akram Khan Son Of Malkhan, Aged About 22 Years,
2. Faijal Khan @ Chintu Son Of Asru Khan, Aged About 21 Years, Both are Residents of Bala Dahra, Police Station Vijay Mandir, Tehsil And District Alwar (Raj.) (Accused Presently Confined In Central Jail Alwar) ----Appellants Versus
1. The State Of Rajasthan, Through P.P.
2. Deshraj Son Of Sher Singh, Resident Of Bala Dehra, Vijay Mandir, Alwar (Raj.). ----Respondents Connected With S.B. Criminal Appeal (Sb) No. 2551/2025 Waris S/o Pappu Kha, Aged About 25 Years, R/o Mator, Police Station Khairthal-Tijara (Raj.) (Presenlty Confined In Central Jail, Alwar) ----Appellant Versus
1. State Of Rajasthan, Through Its Public Prosecutor
2. Deshraj S/o Shri Sher Singh, Aged About 28 Years, R/o Bala Dehra, Vijay Mandir, District Alwar (Raj.). ----Respondents S.B. Criminal Appeal (Sb) No. 2770/2025
1. Nahid S/o Fakru, Aged About 20 Years,
2. Wasim S/o Khurshed, Aged About 20 Years, Both Resident Of Mator, Police Station Khairthal, District Khairthal-Tijara (Rajasthan) (At Present Accused In Judicial Custody At District Jail Alwar) ----Appellants Versus
1. State Of Rajasthan, Through P.P.
2. Deshraj S/o Sher Singh, Aged About 28 Years, R/o Bala
[2025:RJ-JP:51332] (2 of 4) [CRLAS-2782/2025] Dehra, Vijay Mandir, Alwar (Raj.) ----Respondents For Appellant(s) : Mr. Rajpal Yogi Mr. Dharmendra Gurjar Mr. Azad Ahmed For Respondent(s) : Mr. Rajesh Choudhary, GA-cum-AAG Mr. Tapesh Agarwal, PP Mr. Rishiraj Singh Rathore, PP with Mr. Vinod Sharma HON'BLE MR. JUSTICE ANAND SHARMA
Order 18/12/2025
1. These criminal appeals have been filed by the accused- appellants challenging orders dated 04.10.2025 and 08.09.2025 passed by the Court of Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocity) Cases, Alwar, (for short, 'trial Court'), whereby bail applications filed by the appellants under Section 483 B.N.S.S., in respect of FIR No.135/2025 registered at Police Station-Vijay Mandir, District-Alwar for offence under Sections 140(3) of the B.N.S., 2023 have been rejected.
2.
Learned counsel for the appellants submits that after investigation, charge-sheet has already been filed. Recovery, if any, has already been effected. Therefore, the appellants are no longer required for further investigation. It is submitted that in the FIR, simple injury has been shown in the injury report by the Medical Officer, In-charge, Primary Health Centre, Dehra, Shahpura, Alwar. The co-accused Rishikesh Meena and Neeraj have been enlarged on bail vide order dated 15.09.2025 passed by the Co-ordinate Bench of this Court in S.B. Criminal Appeal
[2025:RJ-JP:51332] (3 of 4) [CRLAS-2782/2025] (SB) No. 2176/2025 and S.B. Criminal Appeal (SB) No. 2134/2025. There are no criminal antecedents of the appellants. The trial Court while rejecting the bail applications has not considered the significant facts and erroneously rejected the bail applications filed by the appellants. 3. Despite information, nobody is there to oppose the appeal. 4. Learned Public Prosecutor has vehemently opposed the bail applications. 5. Considered the submissions made at Bar. 6. In view of the fact that after investigation, charge-sheet has already been filed and the co-accused Rishikesh Meena and Neeraj have been enlarged on bail vide order dated 15.09.2025 passed by the Co-ordinate Bench of this Court in S.B. Criminal Appeal (SB) No. 2176/2025 and S.B. Criminal Appeal (SB) No. 2134/2025; there are no criminal antecedents of the appellants, and looking to the fact that the trial will take considerably long time, this Court without expressing any opinion on the merits and demerits of the case, deems it just and proper to enlarge the appellants on bail. 7. Accordingly, these appeals are hereby allowed. The accused- appellants Akram Khan Son Of Malkhan, Faijal Khan @ Chintu Son Of Asru Khan, Waris S/o Pappu Kha, Nahid S/o Fakru and Wasim S/o Khurshed, shall be released on bail in pursuance of FIR No.135/2025 registered at Police Station-Vijay Mandir, District-Alwar on each of them furnishing a personal bond of Rs. 1,00,000/- along with two sureties of Rs.50,000/- each. [2025:RJ-JP:51332] (4 of 4) [CRLAS-2782/2025] That apart, the accused-appellants shall also follow the conditions as under:- (i) They shall not tamper with any evidence, nor would influence the witnesses in the case. (ii) They shall not leave the country without prior permission of the Court. (iii) They shall co-operate in the trial and shall attend each and every date of hearing in the trial, until and unless their presence is exempted by the trial Court.
(ANAND SHARMA),J SOURAV /529-531