SHYAMSINGH S/O BIJENDRA SINGH v. STATE OF RAJASTHAN
CRLAS/277/2025 · 2025-01-29
Anil Kumar Upman
Criminal Appealbody2025
DailyLaw.ai
[ 2025 DAILYLAW 4961 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 4961 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:4079] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Appeal (Sb) No. 277/2025 Shyamsingh S/o Bijendra Singh, Aged About 29 Years, Resident Of Kheriya Purohit Police Station Sadar Deg, District Deeg (Rajasthan) (Presently Accused Confined In Central Jail Alwar) ----Appellant Versus
1. State Of Rajasthan, Through Public Prosecutor
2. Victim, R/o ----Respondents For Appellant(s) : Mr. Dharmendra Kumar for Mr. Kapil Gupta For Respondent(s) : Ms. Arti Sharma, PP Mr. Rishi Raj Singh Rathore, PP Mr. Chitransh Saxena, for complainant HON'BLE MR. JUSTICE ANIL KUMAR UPMAN
Order 29/01/2025
1. This instant appeal has been filed under Section 14(2)(A) SC/ST (Prevention of Atrocities) Act being aggrieved of the order dated 18.01.2025 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Alwar in Bail Application No.18/2025 (CIS No.13/2025) rejecting the bail application preferred on behalf of the appellant, who is in custody in connection with FIR No.220/2024 registered at Police Station Vaishali Nagar, District Alwar for the offence under Section 64(1) of BNS. During investigation, offences under Section 64(1) of BNS and Sections 3(1)(w), 3(2)(v) & 3(2)(va) of SC/ST (Prevention of Atrocities) Act have been found proved against the appellant.
[2025:RJ-JP:4079] (2 of 3) [CRLAS-277/2025]
2. It is contended by learned counsel for the appellant that appellant has falsely been implicated in this case. It is contended that victim has been examined during the course of trial. She not supported the prosecution case and has been declared hostile. It is submitted that appellant has no criminal antecedents and he is in custody since 26.08.2024. Trial of the case will take considerable time and further custody of the appellant would not serve any fruitful purpose.
3. Per contra, learned Public Prosecutor assisted by learned counsel for the complainant vehemently oppose the prayer of bail made in this appeal but fairly concede that victim has been declared hostile.
4. Heard. Perused the material available on record.
5. Having regard to the totality of the facts and circumstances; considering the arguments advanced by learned counsel for both the appellant and looking to the fact that victim has been declared hostile; appellant has no criminal antecedents and he is in custody since 26.08.2024; trial will take time in its conclusion, but without expressing any opinion on merits/demerits of this case, this Court deems it just and proper to enlarge the appellant on bail.
6. Consequently, these instant appeal is allowed. The impugned
order dated 18.01.2025 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Alwar is set aside. It is ordered that the accused-appellant Shyamsingh S/o Bijendra Singh, arrested in connection with aforesaid FIR No.220/2024 registered at Police Station Vaishali Nagar, District Alwar, shall be released on bail, if not wanted in any other case, provided he shall furnish a
[2025:RJ-JP:4079] (3 of 3) [CRLAS-277/2025] 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.
(ANIL KUMAR UPMAN), J CHARU SONI /235