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2025 DAILYLAW 5992 (RAJ)

KISHOR SINGH SON OF LATE SHRI PRAHLADSINGH v. STATE OF RAJASTHAN

CRLAS/367/2025 · 2025-02-10

Anil Kumar Upman

Criminal Appealbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:5824] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Appeal (SB) No. 367/2025 Kishor Singh Son Of Late Shri Prahladsingh, Aged About 35 Years, Resident Of Doradas Police Station Sadar Jhunjhunu District Jhunjhunu (At Present Confined At District Jail Jhunjhunu). ----Accused-Appellant Versus 1. State Of Rajasthan, Through P.P. ---Respondent 2. Bulesh Kumar Son Of Shri Nathuram, Aged About 39 Years, Resident Of Doradas Police Station Sadar Jhunjhunu, District Jhunjhunu. ----Complainant/Respondent For Appellant(s) : Mr. Mahendra Kumar Shandilya, Adv. For Respondent(s) : Ms. Arti Sharma, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 10/02/2025 1. This instant appeal has been filed under Section 14(1)(2) SC/ST (Prevention of Atrocities) Act being aggrieved of the order dated 29.01.2025 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Jhunjhunu (Raj) in Bail Application No.22/2025 rejecting the bail application preferred on behalf of the appellant, who is in custody in connection with FIR No.592/2024, registered at Police Station Kotwali Jhunjhunu, District Jhunjhunu for the offences under Sections 109(1), 352 of BNS, 2023 and Sections 3(1)(r), 3(1)(s), 3(2)(v) of SC/ST (Prevention of Atrocities) Act, 1989 (Amendment, 2015). Investigation is being conducted for the offences punishable under [2025:RJ-JP:5824] (2 of 3) [CRLAS-367/2025] Section 110 of BNS, 2023 and Sections 3(2)(va) of SC/ST (Prevention of Atrocities) Act, 1989 (Amendment, 2015). 2. It is contended by learned counsel for the appellant that appellant has falsely been implicated in this case. Learned counsel submits that a simple road accident case has been converted into a serious criminal offence. He further submits that according to the X-ray report of the injured, injuries No. 3 and 4 located on the injured's left and right legs respectively, are opined to be grievous in nature. He argues that there are no criminal antecedents against the appellant and trial of the case will take considerable time. He contends that the appellant is in custody since 27.01.2025 and further custody of the appellant would not serve any fruitful purpose. 3. Per contra, learned Public Prosecutor vehemently opposes the prayer of bail made in this appeal. She submits that complainant/victim of this case has been duly informed about hearing of this criminal appeal. 4. Despite information, no one has appeared on behalf of the complainant. 5. Heard. Perused the material available on record. 6. Having regard to the totality of the facts and circumstances; considering the arguments advanced by learned counsel for both the parties and looking to the fact that nature of injuries appearing in the X-ray report; absence of criminal antecedents and trial will take time in its conclusion as well as looking to the custody period, but without expressing any opinion on [2025:RJ-JP:5824] (3 of 3) [CRLAS-367/2025] merits/demerits of this case, this Court deems it just and proper to enlarge the appellant on bail. 7. Consequently, this instant appeal is allowed. The impugned order dated 29.01.2025 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Jhunjhunu (Raj) is set aside. It is ordered that the accused-appellant – Kishor Singh Son Of Late Shri Prahladsingh arrested in connection with aforesaid FIR No.592/2024, registered at Police Station Kotwali Jhunjhunu, District Jhunjhunu, 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. (ANIL KUMAR UPMAN),J MADAN/228