NANDBIHARI SON OF SHRI BHOJALAL @ BHOJRAJ v. STATE OF RAJASTHAN
CRLAS/2974/2025 · 2025-12-02
Vinod Kumar Bharwani
Criminal Appealbody2025
DailyLaw.ai
[ 2025 DAILYLAW 48528 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 48528 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:48893] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Appeal (Sb) No. 2974/2025 Nandbihari Son Of Shri Bhojalal @ Bhojraj, Aged About 47 Years, Resident Of Village Khayawda, Police Station Raithal, District Bundi (Rajasthan). (At Present Confined In Central Jail, Jaipur) ----Appellant Versus
1. State Of Rajasthan, Through P.P.
2. Xxxxxx (Victim), R/o ----Respondents For Appellant(s) : Mr. Anoop Pareek Mr. Pranav Pareek For Respondent(s) : Mr. Amit Gupta, P.P.
HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI
Order 02/12/2025 The instant appeal has been filed under Section 14A of SC/ST (Prevention of Atrocities) Act on behalf of the appellant, who is in custody in connection with FIR No.151/2025, Police Station Raithal, District Bundi for the offence under Sections 115(2), 64(1), 62, 74 & 78(2) of B.N.S. and Section 3(1)(w) & 3(2)(v) of SC/ST (Prevention of Atrocities) Act.
Learned counsel for the appellant submits that the appellant has falsely been implicated in the case, he has nothing to do with the alleged offence(s) and he is behind the bars since 03.11.2025. Counsel further submits that the victim, in her statement, has categorically stated that no force or coercion was exercised upon her and she is 50 years of age and is a fully competent adult. Trial
[2025:RJ-JP:48893] (2 of 2) [CRLAS-2974/2025] is likely to take long time to conclude and keeping the appellant behind the bars would serve no fruitful purpose. Therefore, benefit of bail may be granted to the appellant. Per contra, learned Public Prosecutor has vehemently opposed the appeal. Heard learned counsel for the parties & perused the material made available on record. Having regard to the totality of facts & circumstances as available on record and upon a consideration of the arguments advanced, this Court is of the opinion that the appellant deserves to be enlarged on bail. Consequently, the instant appeal is allowed. The impugned
order dated 04.11.2025 passed by the Special Judge, SC/ST (Prevention of Atrocities) Cases, Bundi (Raj.), in Criminal Bail Application (CIS) No.281/2025 is set aside. It is ordered that the appellant, namely Nandbihari Son Of Shri Bhojalal @ Bhojraj, 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.
(VINOD KUMAR BHARWANI),J SAURABH /231