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2026 DAILYLAW 18941 (RAJ)

VIJAY SON OF RAMJILAL MEENA v. STATE OF RAJASTHAN

CRLAS/2534/2025 · 2026-01-09

Praveer Bhatnagar

Criminal Appealbody2026

Judgment text

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[2026:RJ-JP:909] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Appeal (Sb) No. 2534/2025 1. Vijay Son Of Ramjilal Meena, Aged About 31 Years, Resident Of Village Dhigawada, Police Station Rajgarh, District Alwar (Raj.). (Appellant Is Confined In Central Jail, Alwar.) 2. Lokesh Son Of Girraj Singh, Aged About 33 Years, Resident Of Village Dhigawada, Police Station Rajgarh, District Alwar (Raj.). (Appellant Is Confined In Central Jail, Alwar.) ----Appellants Versus 1. State Of Rajasthan, Through Public Prosecutor. 2. Rajesh Meena Son Of Hari Meena, Resident Of Village Nithar, Police Station Bhusawar, District Bharatpur (Raj.). ----Respondents For Appellant(s) : Mr. Dinesh Kumar Sharma For Respondent(s) : Mr. Manvendra Singh, PP HON'BLE MR. JUSTICE PRAVEER BHATNAGAR Order 09/01/2026 1. The instant appeal has been filed under Section 14A of SC/ST (Prevention of Atrocities) Act, 2015 on behalf of the appellants, who are in custody in connection with F.I.R. No.252/2025 dated 28.05.2025, registered at Police Station Rajgarh (Alwar), District Alwar for the offences under Sections 103 (1) of BNS against the order dated 09.09.2025 passed by the learned Special Judge, SC/ST (Prevention of Atrocity) Cases, Alwar whereby, the bail application preferred under Section 483 BNSS on behalf of the appellant was rejected. [2026:RJ-JP:909] (2 of 3) [CRLAS-2534/2025] 2. Learned counsel for the appellants submits that the appellants have falsely been implicated in the case. Counsel for the accused-appellants further submits that in the postmortem report of the deceased, the injuries were shown on the leg and not at any vital part. The Medical Board kept the opinion reserved and after obtaining the histopathology report and FSL report, the Board expressed the opinion that though the injury present over the body as mentioned in the postmortem report are antimortem in nature however, the cause of death due to Cardio Pulmonary arrest cannot be ruled out, therefore, the postmortem report coupled with opinion passed on histopathology and FSL report clearly shows that there was no intention on the part of the appellants to cause death of the deceased. It is also contended that in the FSL, it was also found that deceased consumed alcohol prior to the death. Thus, there was no murderous intention on the part of appellants, as the deceased died due to sudden Cardio Pulmonary arrest and not due to injuries caused by the appellants. The appellants are in custody since long and charge-sheet has already been produced and further trial of the case may take considerable time, therefore, the appeal of accused-appellants may be allowed. 3. Per contra, learned Public Prosecutor vehemently opposes the arguments advanced on behalf of the appellants. 4. No one has turned up on behalf of the complainant after due service of the notice. 5. Considering the fact that in the postmortem report, 4 injuries have been shown which are at leg and ankle of the deceased and [2026:RJ-JP:909] (3 of 3) [CRLAS-2534/2025] not on the vital part. The opinion regarding cause of death after conducting the postmortem report was kept reserved and after obtaining the histopathology and FSL report, it was opined that the cause of death of the deceased is may be due to sudden Cardio Pulmonary arrest. It is also expressed in the opinion that deceased has consumed alcohol, the injuries sustained at the leg and ankle of the deceased were found to be lacerated wound and abrasion and certainly was not the cause of death, as expressed in the final opinion given by the Board, therefore, considering the above facts, I deem it just and proper to allow the appeal. 6. Consequently, the instant appeal is allowed. The impugned order dated 09.09.2025 passed by the learned Special Judge, SC/ ST (Prevention of Atrocity Cases), Alwar is set aside. It is ordered that the accused-appellant namely: 1. Vijay Son Of Ramjilal Meena, and 2. Lokesh Son Of Girraj Singh, who are in custody in connection with F.I.R. No.252/2025 dated 28.05.2025, registered at Police Station Rajgarh (Alwar), District Alwar, shall be released on bail; provided both of them furnish a personal bond in the sum of Rs.50,000/- and two surety bonds 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. (PRAVEER BHATNAGAR),J Keshav/308