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2025 DAILYLAW 45359 (RAJ)

NASEEM SON OF HAKAMDEEN v. THE STATE OF RAJASTHAN

CRLAS/2767/2025 · 2025-11-19

Sameer Jain

Criminal Appealbody2025

Judgment text

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[2025:RJ-JP:46781] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Appeal (Sb) No. 2767/2025 Naseem Son Of Hakamdeen, Aged About 24 Years, Resident Of Jahanpur, Police Station Govindgarh, District Alwar (Raj.) (Accused Presently Confined In Central Jail Alwar) ----Appellant Versus 1. The State Of Rajasthan, Through P.P. 2. Pyarelal Son Of Mohanlal, Resident Of Jahanpur, Govindgarh, Alwar. ----Respondents For Appellant(s) : Mr. Gurvindra Singh For Respondent(s) : Ms. Arti Sharma, PP Mr. Rhishi Raj Singh Rathore, PP HON'BLE MR. JUSTICE SAMEER JAIN Judgment 19/11/2025 1. The instant appeal has been filed under Section 14A SC/ST (Prevention Of Atrocities) Act on behalf of the appellant, who is in custody in connection with FIR No. 286/2025 Police Station Govindgarh (Alwar), District Alwar for the offences under Sections 115(2), 126(2), 352, 333, 74 of BNS, 2023 and Section 3(1)(r), 3(1)(s), 3(2)(va) of the SC/ST (Prevention Of Atrocities) Act. 2. It is submitted by learned counsel for the appellant that appellant is in custody since 17.09.2025, and charge-sheet has been filed. It is submitted that trial will take time and the injuries caused are simple in nature and cross FIRs are lodged. It is lastly submitted that qua FIR registered by the appellant, charge-sheet has been filed against the complainant herein. 3. Per contra, learned Public Prosecutor has opposed the appeal. [2025:RJ-JP:46781] (2 of 2) [CRLAS-2767/2025] 4. Considering the arguments advanced by learned counsel for the parties, taking note of the fact that the appellant is in custody since 17.09.2025; that the injuries are simple in nature; however taking note of the antecedents registered against the appellant, to enlarge him on bail an additional condition is imposed, i.e. directly or indirectly, appellant will not influence the witnesses and will not disturb the life of complainant and the appellant shall contribute to the Swachh Bharat Abhiyan – initiative of the government, for a period of two months from the date of enlarging on bail, for two hours daily, as an honorary work, under the supervision and directions of the SHO concerned, 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 appeal and enlarge him on bail. 5. Consequently, the instant appeal is allowed. The impugned order dated 08.10.2025 passed by the Special Judge, SC/ST (Prevention Of Atrocities) Cases, Alwar in Second Bail Application No.364/2025 is set aside. It is ordered that the accused-appellant Naseem Son Of Hakamdeen 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 DEEPAK/284