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2026 DAILYLAW 12641 (RAJ)

HEMRAJ SON OF RADHEYSHYAM v. STATE OF RAJASTHAN

/1734/2026 · 2026-08-20

Chandra Shekhar Sharma

Criminal Appealbody2026

Judgment text

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[2026:RJ-JP:33602] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Appeal (Sb) No. 1734/2026 CNR: RJHC020715072026 | URN: CRLAS / 3036U / 2026 1. Hemraj Son Of Radheyshyam, Aged About 25 Years, R/o Kolukhedi Kalan Police Station Dangipura District Jhalawar (Raj).(At Present Confined In District Jail Jhalawar, (Raj.) 2. Bajranglal Son Of Kishanlal, Aged About 23 Years, R/o Kolukhedi Kalan Police Station Dangipura District Jhalawar (Raj).(At Present Confined In District Jail Jhalawar, (Raj.) 3. Kishanlal Son Of Kanhaiyalal, Aged About 55 Years, R/o Kolukhedi Kalan Police Station Dangipura District Jhalawar (Raj).(At Present Confined In District Jail Jhalawar, (Raj.) ----Appellants Versus 1. State Of Rajasthan, Through P.p 2. Ramchandra Son Of Amarlal, R/o Kolukhedi Kalan Police Station Dangipura District Jhalawar (Raj). ----Respondents For Appellant(s) : Mr. Rohit Khandelwal For Respondent(s) : Mr. Devi Singh, PP HON'BLE MR. JUSTICE CHANDRA SHEKHAR SHARMA Order 20/08/2026 Learned Public Prosecutor submits report dated 02.08.2026 as per which, the complainant/victim has been informed regarding filing of the present appeal. 2. The instant appeal has been filed under Section 14-A(2) of SC/ST (Prevention of Atrocities) Act, on behalf of the appellants, who are in custody in connection with FIR No.104/2026, Police Station Dangipura, District Jhalawar, for the offences under Sections 115(2), 351(2), 324(4), & 3(5) of BNS and [2026:RJ-JP:33602] (2 of 3) [CRLAS-1734/2026] Sections 3(1)(r), 3(1)(s), 3(1)(za)(e) of the SC/ST Act against the order dated 21.07.2026 passed by the learned Special Judge, Scheduled Caste / Scheduled Tribe (Prevention of Atrocities) Cases, Jhalawar whereby, the bail application preferred under Section 483 BNSS on behalf of the appellants was rejected. 3. Learned counsel for the appellants submits that accused- appellants have falsely been implicated in this case. It is also submitted that the FIR is delayed by two months. Learned counsel further submits that no injury on the vital part has been attributed against the present accused-appellants. It is also submitted that accused-appellants are in judicial custody since long and the trial of the case will take long time. Lastly, learned counsel submits that learned Special Judge, Scheduled Caste/Scheduled Tribe (Prevention of Atrocities) Cases, Jhalawar has grossly erred in law and facts as well in declining to release the appellants on bail. Therefore, it is prayed that the benefit of bail may be granted to the accused-appellants. 4. Learned Public Prosecutor has vehemently opposed the prayer for bail. 5. Having regard to the entirety of facts and circumstances as available on record and upon a consideration of the arguments advanced at the bar, this Court is of the opinion that the order rejecting the application for bail filed on behalf of the appellants, cannot be sustained and deserves to be set aside. 6. Consequently, the instant appeal is allowed. The impugned order dated 21.07.2026 passed by learned Special Judge, Scheduled Caste/Scheduled Tribe (Prevention of Atrocities) Cases, Jhalawar is set aside. It is ordered that the accused-appellants, [2026:RJ-JP:33602] (3 of 3) [CRLAS-1734/2026] (1) Hemraj S/o Radheyshyam, (2) Bajranglal S/o Kishanlal, and (3) Kishanlal S/o Kanhaiyalal, arrested in connection with FIR No.104/2026 Police Station Dangipura, District Jhalawar shall be released on bail; provided each of them furnishes a personal bond of Rs.1,00,000/- and two surety bonds of Rs.50,000/- 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. (CHANDRA SHEKHAR SHARMA),J 99/TWINKLE SINGH