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2025 DAILYLAW 6733 (RAJ)

NEERAJ KUMAR SON OF SHRI JAIRAM v. STATE OF RAJASTHAN

CRLAS/391/2025 · 2025-02-12

Anil Kumar Upman

Criminal Appealbody2025

Judgment text

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[2025:RJ-JP:6257] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Appeal (Sb) No. 391/2025 Neeraj Kumar Son Of Shri Jairam, Aged About 21 Years, Resident Of Kasba Dahra Police Station Vijay Mandir Dsitrict Alwar (Accused Presently Confined In Central Jail Alwar) ----Appellant Versus 1. State Of Rajasthan, Through PP 2. Tejpal Son Of Gangadas, Resident Of Nadka, Bagad Tiraya Alwar (Raj) ----Respondents For Appellant(s) : Mr. Gurvinder Singh For Respondent(s) : Mr. Jai Prakash Tiwari, PP Ms. Arti Sharma, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 12/02/2025 1. This instant appeal has been filed under Section 14(2)(A) SC/ST (Prevention of Atrocities) Act being aggrieved of the order dated 05.02.2025 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Cases, District Alwar in Bail Application No.35/2025 (CIS No. 28/2025) rejecting the bail application preferred on behalf of the appellant, who is in custody in connection with FIR No.195/2024 registered at Police Station Vijay Mandir, District Alwar for the offences under Sections 115(2), 126(2), 110, 189(2) & 351(2) of BNS and Section 3(1)(r), 3(1)(s) & 3(2)(va) of SC/ST (Prevention of Atrocities) Act. 2. It is contended by learned counsel for the appellant that appellant has falsely been implicated in this case. Counsel submits [2025:RJ-JP:6257] (2 of 3) [CRLAS-391/2025] that co-accused of this case has been granted benefit of bail by learned trial Court and case of the appellant is akin to that of the co-accused. There are no criminal antecedents of the appellant and trial of the case will take considerable time in its conclusion. Appellant is in custody since 03.02.2025 and further custody of the appellant would not serve any fruitful purpose. 3. Per contra, learned Public Prosecutor oppose the prayer of bail made in this appeal. He further submits that complainant of the case has duly been informed. 4. Despite information, none has put in appearance on behalf of victim/complainant to oppose this appeal. 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 the appellant so also considering the fact that co-accused has been granted benefit of bail by learned trial Court; absence of criminal antecedents of the appellant as well as looking to the custody period, but without expressing any opinion on 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 05.02.2025 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Cases, District Alwar is set aside. It is ordered that the accused-appellant Neeraj Kumar Son Of Shri Jairam, arrested in connection with aforesaid FIR No.195/2024 registered at Police Station Vijay Mandir, District Alwar, shall be released on bail, if not wanted in any other case, provided he shall [2025:RJ-JP:6257] (3 of 3) [CRLAS-391/2025] 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. (ANIL KUMAR UPMAN), J MAHIMA/227