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2026 DAILYLAW 19944 (RAJ)

MUKESH GURJAR S/O GOPILAL v. STATE OF RAJASTHAN

CRLAS/3035/2025 · 2026-01-24

Pramil Kumar Mathur

Criminal Appealbody2026

Judgment text

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[2026:RJ-JP:3380] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Appeal (Sb) No. 3035/2025 1. Mukesh Gurjar S/o Gopilal, Aged About 21 Years, R/o Village Bandha, Thana Ranpur, Kota City, Rajasthan (At Present Accused Confined In Central Jail Kota). 2. Sanwariya Urf Sanwra S/o Dudha, Aged About 36 Years, R/o Jawahar Sagar Dam, Thana Dabi, Dist Bundi, At Present Near Maa Bharti School, Swami Vivekananda Nagar, Thana R K Puram, Kota City (At Present Accused Confined In Central Jail Kota). ----Appellants Versus 1. State Of Rajasthan, Through Public Prosecutor. 2. Vijay Bheel S/o Gopal Bheel, R/o Near Mobile Tower, Bheel Basti Nyaganv, R K Puram Kota City, Rajasthan ----Respondents For Appellant(s) : Mr. Dhanraj Bhadak, cousin of appellant no.1 and friend of appellant no.2 is present For Respondent(s) For Complainant : : Mr. Manvendra Singh Shekhawat, PP None present HON'BLE MR. JUSTICE PRAMIL KUMAR MATHUR Order 24/01/2026 1. Office has pointed out a delay of 8 days and to substantiate the reasons of delay an application under Section 5 of Limitation Act is filed. 2. For the reasons mentioned in the application itself, same is allowed and delay is condoned. 3. This criminal appeal under Section 14A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter to be referred as 'the SC/ST Act’) has been filed on [2026:RJ-JP:3380] (2 of 3) [CRLAS-3035/2025] behalf of the appellant being aggrieved with the order dated 11.08.2025 passed by the learned Special Judge S.C./S.T. (Prevention of Atrocities Cases), Kota (hereinafter to be referred as ‘trial court’) in FIR No.144/2025 registered at Police Station R.K. Puram, District Kota City for the offence under Sections 115(2), 126(2), 109(1) and 189(2) of BNS whereby the trial court has dismissed the bail application filed on behalf of the appellants. 4. Heard Mr. Dhanraj Bhadak, cousin of appellant no.1 and friend of appellant no.2 as well as learned Public Prosecutor and perused the material available on record. 5. Mr. Dhanraj Bhadak, cousin of appellant No.1 and friend of appellant No.2, has stated that the appellants have been falsely implicated in the present case. He further submitted that the charge-sheet has already been filed, the trial has commenced, and the statement of the sole injured witness Brajesh @ Vijay Bheel, has been recorded. As per the said statement, it is revealed that the injured himself initiated the altercation by provoking and assaulting the person named Mangal, who was accompanied by the appellants. Consequently, the incident occurred. Appellants are behind the bars since 05.08.2025. Charge-sheet has been filed. He further submits that investigation/trial of the case may take considerable time. Therefore, the appeal presented by the present appellants may be allowed. 6. Despite service, no one has put in appearance on behalf of the complainant. 7. Learned Public Prosecutor oppose the prayer made on behalf of the appellants. [2026:RJ-JP:3380] (3 of 3) [CRLAS-3035/2025] 8. Considering the facts and circumstances of the case and without commenting anything on the merits/demerits of the case, I deem it just and proper to allow the appeal filed by the appellants under Section 14-A(2) of SC/ST Act. 9. Accordingly, this criminal appeal filed under Section 14-A(2) of SC/ST Act is allowed and order dated 11.08.2025 passed by the learned trial court is set aside. It is directed that appellants- Mukesh Gurjar S/o Gopilal and Sanwariya Urf Sanwra S/o Dudha shall be released on bail provided to executes a personal bond in a sum of Rs.50,000/- with two sound and solvent sureties of Rs.25,000/- each to the satisfaction of learned trial court for their appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial. (PRAMIL KUMAR MATHUR),J Arun/292