SURENDRA KUMAR S/O BALBIR SINGH v. STATE OF RAJASTHAN
CRLAS/2806/2025 · 2025-10-15
Sameer Jain
Criminal Appealbody2025
DailyLaw.ai
[ 2025 DAILYLAW 44890 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 44890 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:42272] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Appeal (Sb) No. 2806/2025 Surendra Kumar S/o Balbir Singh, R/o Tatarpur Khalsa, Police Station Dharuheda, District Rewari (Haryana), Presently Azad Nagar, Dharuheda. (At Present Confined In Central Jail Alwar, District Alwar). ----Appellant Versus
1. State Of Rajasthan, Through P.p.
2. Rajesh Kumar S/o Shri Heeralal @ Heera Singh, R/o Baghana, Polie Station Kokkasim, District Alwar. ----Respondents For Appellant(s) : Mr. Sanjay Khan For Respondent(s) : Ms. Arti Sharma, PP with Mr. Anirudh Singh HON'BLE MR. JUSTICE SAMEER JAIN
Judgment 15/10/2025
1. The present appeal is preferred under section 14(a) (2) of the SC/ST (Prevention of Atrocities) Act, 1989 in FIR No. 136/2009 dated 08.07.2009, registered at Police Station Kotkasim, District Alwar for offence under sections 342, 365 of IPC and Section 3(x) of the Act of 1989, and against the order dated 13.10.2025 passed by Special Judge, SC/ST Case, Alwar in Bail Application No. 390/2025, whereby the bail application of the applicant has been dismissed.
2.
Learned counsel for the appellant submits that appellant is suffering from certain medical conditions and the incarceration shall effect his health more. It is submitted that it is an admitted fact that the appellant at a prior occasion has jumped
[2025:RJ-JP:42272] (2 of 3) [CRLAS-2806/2025] the bail, by not marking presence before the learned Trial Court however, in this regard, for consideration of the present matter, ratios opined in SBCRLMB No. 2371/2020 titled as Kuldeep Singh Vs. State of Raj. and SBCRLMB No. 8977/2022 titled as Husain Khan & Anr. Vs. State of Raj., ought to be considered. It is assured that the appellant shall not make an attempt to jump the bail again.
3. Per contra, learned Public Prosecutor has opposed the appeal.
4. Heard and considered the submissions made by the
learned counsel representing the appellant and the objections raised by the learned Public Prosecutor.
5. Taking note of the material available on record, and the fact that challan has been filed in the instant matter; that the appellant is a man belonging to pitiable background and has to look after his family; that it is assured that the appellant shall now onward regularly appear before the learned Trial Court on each and every date of hearing, as fixed and directed by the Court concerned, and not jump the bail again; that the appellant is willing and ready to abide with the conditions so imposed, and taking note of the overall facts and circumstances, and relying upon the ratio encapsulated in SBCRLMB No. 2371/2020 (Supra) and SBCRLMB No. 8977/2022 (Supra), but without commenting anything upon the merits or demerits of the case, this Court is inclined to allow the instant appeal. Howsoever, it is
directed that it be ensured that the appellant shall not jump the bail again.
[2025:RJ-JP:42272] (3 of 3) [CRLAS-2806/2025]
6. Consequently, the instant appeal is allowed. The impugned order dated 08.07.2009 passed by the Special Judge, SC/ST (Prevention Of Atrocities) Cases, Alwar is set aside. It is ordered that the accused-appellant Surendra Kumar S/o Balbir Singh 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/-, additionally deposit a cost of Rs. 10,000/- in favour of Rajasthan Police Benevolent Fund; 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 Pooja /370