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2025 DAILYLAW 49690 (RAJ)

MANISH MEENA S/O CHHITARLAL v. STATE OF RAJASTHAN

CRLMB/14554/2025 · 2025-11-19

Sameer Jain

Criminal Appealbody2025

Judgment text

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[2025:RJ-JP:46757] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Appeal (Sb) No. 2655/2025 1. Shanu Suman S/o Sampatraj Suman, Aged About 25 Years, R/o Near Jain Temple Khanpur Police Station Khanpur District Jhalawar (Raj.). (At Present Accused Confined In Jail Jhalawar) 2. Manish Meena S/o Dhanraj Alias Dhannalal Meena, Aged About 25 Years, R/o Bharat Nagar Colony Khanpur Police Station Khanpur District Jhalawar (Raj.). (At Present Accused Confined In Jail Jhalawar) ----Appellants Versus 1. State of Rajasthan through Public Prosecutor. ........Respondent 2. Itlesh S/o Shiya Ram, R/o Photukhedi Khanpur District Jhalawar (Rajasthan). ----Complainant/Respondent Connected With S.B. Criminal Appeal (Sb) No. 2705/2025 Ankit Kumar Suman, S/o Rajesh Kumar Suman, Aged About 23 Years, Resident Of Khanpur, Police Station Khanpur, District Jhalawar (Raj.) (Presently Confined In District Jail, Jhalawar) ----Appellant Versus 1. State of Rajasthan through PP 2. Itlesh S/o Shiya Ram, Aged About 20 Years, Resident Of Photukhedi, Khanpur, District Jhalawar (Raj.) ----Respondent/Complainant S.B. Criminal Appeal (Sb) No. 2812/2025 Ramkalyan Suman S/o Mangilal Suman, Aged About 50 Years, R/o Besar, Police Station Khanpur, District Jhalwar Rajasthan Presently Confined In District Jail Jhalawar ----Appellant Versus 1. State of Rajasthan through PP [2025:RJ-JP:46757] (2 of 4) [CRLAS-2655/2025] 2. Itlesh S/o Shiyaram, R/o Photukhedi, Khanpur Jhalwar Rajasthan ----Respondent/Complainant S.B. Criminal Miscellaneous Bail Application No. 14554/2025 Manish Meena S/o Chhitarlal, Aged About 26 Years, Resident Of Golyakhedi, Police Station Khanpur, District - Jhalawar (Raj.) (Presently In District Jail Jhalawar) ----Appellant Versus State of Rajasthan through P.P. ----Respondent S.B. Criminal Miscellaneous Bail Application No. 14555/2025 Kuldeep Regar S/o Kripashankar, Aged About 21 Years, R/o Regar Mohalla, Khanpur, Police Station Khanpur, District Jhalawar (Rajasthan). (At Present Confined In District Jail Jhalawar) ----Appellant Versus State of Rajasthan through Public Prosecutor. ----Respondent For Appellant(s) : Mr. Dushyant Singh Naruka Mr. Anubodh Subodh Jain Mr. Khushal Singh Rathore Mr. Mukesh Kumar Meena Mr. Ayush Bamboriya for Mr. Ajay Singh Yaduvanshi For Respondent(s) : Mr. Rhishi Raj Singh Rathore, PP Ms. Arti Sharma, PP Mr. Hari Krishana Sharma HON’BLE MR. JUSTICE SAMEER JAIN Judgment 19/11/2025 1. The instant appeal has been filed under Section 14A of SC/ST (Prevention of Atrocities) Act on behalf of the appellants, who is in custody in connection with FIR No. 179/2025 Police Station [2025:RJ-JP:46757] (3 of 4) [CRLAS-2655/2025] Khanpur District Jhalawar for the offences under Sections 103(1), 191(2), 191(3), 190 of IPC and Section 3(2)(v) of the SC/ST (Prevention of Atrocities) Act. 2. Learned counsel for the appellants has submitted that appellants are the sole bread earners of their respective families, aged in between 20 to 30 years. It is further submitted that there are no criminal antecedents pending against the applicants and the charge-sheet has already been filed in the instant matter and the trial is likely to take considerable time to conclude. It is also submitted that the sole injury caused by a knife/wooden stick has been specifically attributed to the main accused, namely Manish Rathore and Sumit Dhobi, and the present appellants have no major role to play. 3. Per contra, learned Public Prosecutor as well as learned counsel for the complainant have opposed the instant appeal and submitted that it was a premeditated murder committed in furtherance of the common intention of appellants, hence all the appellants are actively involved in the commission of the offence. 4. Having heard the arguments advanced by learned counsel for the parties, considering the custody period of the appellants and considering the fact that charge-sheet has already been filed; that there are no criminal antecedents against the applicants; that specific injury is attributed to the main accused, namely Manish Rathore and Sumit Dhobi, 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 [2025:RJ-JP:46757] (4 of 4) [CRLAS-2655/2025] to allow the appeal of the accused-appellants and enlarge them on bail. 5. Consequently, the instant appeals are allowed. The impugned orders dated 01.08.2025 passed by learned Special Judge SC/ST Act Cases, Jhalawar in Bail Application No.129/2025, 08.09.2025 passed by Special Judge, SC/ST (Prevention of Atrocities) Cases, Jhalawar, 19.07.2025 passed by Special Judge, SC/ST (Prevention of Atrocities) Cases, Jhalawar, Distirct Jhalawar in Misc. Criminal Bail Application No.176/2025 CIS No.120/2025, 17.10.2025 passed by Special Judge, SC/ST (Abolition of Atrocities) matter, Jhalawar in Bail Application No.270/2025, CIS No.199/2025 & 29.09.2025 passed by the Special Judge, SC/ST (Prevention of Atrocities) Jhalawar in Bail Application No.251/2025 are set aside. It is ordered that the accused-appellants Shanu Suman S/o Sampatraj Suman, Manish Meena S/o Dhanraj Alias Dhannalal Meena, Ankit Kumar Suman, S/o Rajesh Kumar Suman, Ramkalyan Suman S/o Mangilal Suman, Manish Meena S/o Chhitarlal & Kuldeep Regar S/o Kripashankar arrested in connection with aforesaid FIR, shall be released on bail, if not wanted in any other case, provided they furnish 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 JKP/292-296