[2025:RJ-JP:48970] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Appeal (Sb) No. 3125/2025 Hakamdeen Son Of Subhan, Aged About 48 Years, Resident Of Jahanpur, Police Station Govindgarh, District Alwar (Raj.) (Accused Presently Confined In Central Jail Alwar) ----Accused-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) : Mr. Rhishi Raj Singh Rathore, PP HON'BLE MR. JUSTICE SAMEER JAIN Order 02/12/2025 1. The instant appeal has been filed under Section 14-A of 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, District Alwar for the offences under Sections 115(2), 126(2), 352, 333, 74 of BNS, 2023 and Sections 3(1)(r), 3(1)(s), 3(2)(va) of SC/ST Act. 2. Learned counsel for the appellant has submitted that present is a case of cross FIRs, and Naseem son of the present appellant- Hakamdeen has been already enlarged on bail. It is submitted that the daughter of the appellant is getting married on 5th December, 2025 and the appellant is ready and willing to live 250 kms away from the current place of residence, after a week from [2025:RJ-JP:48970] (2 of 3) [CRLAS-3125/2025] the daughters’ marriage and he will also mark attendance thereafter before the concerned Police station. 3. In spite of information sent by the concerned SHO through WhatsApp upon the complainant, none has marked presence. 4. Learned Public Prosecutor has stoutly opposed the instant criminal appeal. It is submitted that there are several antecedents registered against the appellant, which are reproduced herein below: Øe la[;k eqdn~ek uEcj e; Fkkuk lh@,l uEcj vijk/k vUrxZr /kkjk 1- 173@1995 Fkkuk&xksfoUnx< 120@25-08-1995 323]341] Hkkjrh; n.M lafgrkA jkthukek 2. 132@1998 Fkkuk&xksfoUnx< 96@22-06-1998 323]341 Hkkjrh; n.M lafgrk] ltk fnukad 12-08-1998 3. 102@2000 && 498]406 Hkk-na-la- 4. 63@2017 Fkkuk&jkex< 96@22-03-2017 354] 457 Hkk-na-la- 5. 329@2019 Fkkuk&jkex< 278@22-07-2019 323] 341 Hkk-na-la- 6. 290@2019 Fkkuk&jkex< 315@06-08-2019 323] 341]34 Hkk-na-la- 7. 458@2019 457@22-11-2019 323] 341] 354] 452] 34 Hkk-na-la- 8. 396@2019 Fkkuk&jkex< 334@29-08-2019 323] 341 Hkk-na-la- 9. 06@2020 Fkkuk&jkex< 14@06-02-2020 323] 341] 325] 34 Hkk-na- la- 10. 87@2024 Fkkuk&xksfoUnx< 100@30-04-2024 323] 341] 324 Hkk-na-la- 5. Having heard the submissions made by learned counsel for the respective parties, and considering that co-accused Naseem has been enlarged on bail and considering the fact of the marriage of the appellants’ daughter, and looking to the overall facts and circumstances of the case and material on record but without commenting on merits/demerits of the case and taking note of the fact that there are criminal antecedents registered against the appellant; that the appellant is stated to be a threat to the society [2025:RJ-JP:48970] (3 of 3) [CRLAS-3125/2025] if he is enlarged on bail and keeping in mind the sacrosanct objective of Indian criminal reformative system and balancing the equity between right of the liberty, strong criminal antecedents and the circumstances of the appellant, this Court is inclined to enlarge the accused-appellant on bail with following conditions: 5.1 That the appellant will go for his employment/work and reside 250 kms away from the place of his current residence for a period of six months (after one week from the date of marriage of the appellant’s daughter) as the appellant is habitual offender in the vicinity of Ramgarh, Alwar. 5.2 That on every 5th of successive month, appellant will mark attendance before the jurisdictional police station. 6. 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.384/2025 is quashed and set aside. It is ordered that the accused-appellant Hakamdeen Son Of Subhan 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/s-13