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2026 DAILYLAW 1252 (RAJ)

MOHD ISRAR @ KALLU S/O MOHD. MUSTAK v. THE STATE OF RAJASTHAN

CRLAS/3104/2025 · 2026-03-30

Sameer Jain

Criminal Appealbody2026

Judgment text

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[2026:RJ-JP:13382] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal 3rd Appeal (Sb) No. 3104/2025 Mohd Israr @ Kallu S/o Mohd. Mustak, R/o Masjid Wali Gali, Nakasa Mohalla, Shah Gran, Itawa, P.S. Kotwali, District Itawa (U.P.) (Presently confined at Central Jail Ajmer) ---Accused-Appellant Versus 1. The State of Rajasthan through P.P. 2. Prem Chand Nain S/o Kishan Lal, R/o Saraswati Nagar, Gali No. 3, Cholabhata Road, Police Station Alwar Gate, Ajmer ----Respondents For Appellant(s) : Mr. Mohit Goyal For Respondent(s) : Mr. Vivek Sharma, PP HON'BLE MR. JUSTICE SAMEER JAIN Order 30/03/2026 1. The instant third criminal appeal has been filed under Section 14A of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 on behalf of the appellant, who has been in custody in connection with FIR No. 055/2022 registered at Police Station Sadar Alwar Gate, District Ajmer for the offence(s) under Section 365 of the IPC. It is noted that after the conclusion of the investigation, the charge-sheet was filed for the offences under Sections 115, 342, 343, 364, 365, 302, 201, 120-B, and 37 of the IPC, and Sections 3(2)(v) and 3(2)(va) of the SC/ST Act. [2026:RJ-JP:13382] (2 of 3) [CRLAS-3104/2025] 2. Learned counsel for the appellant submits that the appellant has been in custody since 11.02.2022, and therefore, prays that the appellant may be enlarged on bail. 3. Per contra, learned Public Prosecutor has vehemently opposed the instant third appeal. It is submitted that the previous appeal of the appellant was dismissed on merits and there is no material change in circumstances of the case to warrant interference at this stage. 4. Having heard the arguments advanced by learned counsel for the parties and upon an assiduous scanning of the material available on record, this Court has observed that the previous appeal preferred by the appellant was dismissed by this Court vide a detailed and speaking order dated 24.10.2024. In the said order, all the relevant aspects, including the period of custody undergone by the appellant, were duly considered and adjudicated upon. The said order dated 24.10.2024 shall be read as part and parcel of the present order. 5. It is a settled proposition of law that for entertaining a successive bail application or appeal, there must be a substantial and material change in circumstances occurring after the previous dismissal. Taking note of the fact that the this Court 28.08.2025 has already examined the merits of the case; that no such material change in circumstances has been pointed out by the learned counsel for the appellant, and looking to the overall facts and circumstances of the case but without commenting on the merits/demerits of the case, this Court is not inclined to allow the third criminal appeal of the accused-appellant. [2026:RJ-JP:13382] (3 of 3) [CRLAS-3104/2025] 6. Accordingly, the instant appeal preferred under Section 14A of the SC/ST Act stands dismissed and the order dated 28.08.2025 passed by the learned Trial Court is affirmed. (SAMEER JAIN),J JKP/s-157