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2025 DAILYLAW 9159 (RAJ)

AAKASH S/O ISMAIL v. STATE OF RAJASTHAN

CRLAS/609/2025 · 2025-03-10

Anil Kumar Upman

Criminal Appealbody2025

Judgment text

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[2025:RJ-JP:10922] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Appeal (SB) No. 609/2025 Aakash S/o Ismail, R/o Azizpura Gumat Badi Police Station Badi District Dholpur (Accused Appellant In Judicial Custody In District Jail Dholpur). ----Accused-Appellant Versus 1. State Of Rajasthan, Through P.P. 2. Sahab Singh S/o Shree Saligram, R/o Kalyanpur Mania District Dholpur. ----Complainant/Respondents For Appellant(s) : Mr. Sumit Kumar Jain, Adv. For Respondent(s) : Ms. Arti Sharma, PP and Mr. Ankur Sharma, Adv., for complainant. HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 10/03/2025 1. This instant appeal has been filed under Section 14-A 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, Dholpur (Raj) in Bail Application No.13/2025 rejecting the bail application preferred on behalf of the appellant, who is in custody in connection with FIR No.339/2024 registered at Police Station Badi Sadar, District Dholpur for the offences under Sections 189(2), 115(2), 126(2), 140(3), 307, 352 & 351(2) of BNS, 2023 and Sections 3(1)(r), 3(1)(s) & 3(2)(v) of SC/ST (Prevention of Atrocities) Act, 1989 (Amendment, 2015). Later on, police filed charge-sheet in this matter. [2025:RJ-JP:10922] (2 of 3) [CRLAS-609/2025] 2. It is contended by learned counsel for the appellant that appellant has falsely been implicated in this case. Learned counsel submits that dispute has been resolved by the parties amicably. He argues that charge-sheet has already been filed, there are no criminal antecedents against the appellant and trial of the case will take considerable time in its conclusion. He contends that the appellant is in custody since 08.01.2025 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. Learned counsel for the complainant does not dispute the factum of compromise. 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 parties as also looking to the fact that dispute has already been resolved by the parties amicably; charge-sheet has been filed; 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 merits/demerits of this case, this Court deems it just and proper to enlarge the appellant on bail. 6. Consequently, this instant appeal is allowed. The impugned order dated 29.01.2025 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Dholpur (Raj) is set aside. It is ordered that the accused-appellant – Aakash S/o Ismail arrested in connection with aforesaid FIR No.339/2024 registered at Police Station Badi Sadar, District Dholpur, shall be released on bail, if not wanted in any other case, provided he furnishes a [2025:RJ-JP:10922] (3 of 3) [CRLAS-609/2025] 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. 7. The observation made herein above is only for decision of this criminal appeal and would not have any impact or bearing on the trial. (ANIL KUMAR UPMAN),J MADAN/23