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2026 DAILYLAW 2099 (RAJ)

ANIL KUMAR SON OF LATE SHRI BANWARI LAL v. STATE OF RAJASTHAN

CRLAS/671/2026 · 2026-04-01

Sangeeta Sharma

Criminal Appealbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2026:RJ-JP:13667] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Appeal No. 671/2026 Anil Kumar Son of Late Shri Banwari Lal, Aged About 21 Years, R/o Ward No. 3, Village Natas, Police Station Gudhagaurji, District Jhunjhunu Rajasthan (At Present Accused-Petitioner Confined In District Jail Jhunjhunu ) ----Accused-Petitioner Versus 1. State of Rajasthan, Through P.P. ----Respondent 2. Sajjan Kumar Son of Shri Hiralal, R/o Lamba Gothra, Bagar, Jhunjhunu Rajasthan. ----Complainant Respondent For Appellant(s) : Mr. Majhar Hussain Mr. Wasim Akram Ms. Soniya Saini For Respondent(s) : Mr. Manvendra Singh Choudhary, PP HON'BLE MRS. JUSTICE SANGEETA SHARMA Order 01/04/2026 1. This criminal appeal has been filed on behalf of the accused- petitioner under Section 14(A)(2) of S.C./S.T. (Prevention of Atrocities) Act, in connection with FIR No. 90/2026 registered at Police Station Gudha, District Jhunjhunu, for the offence(s) under Sections 189(2), 115(2), 126(2), 109(1), 121(1), 132, 111(2)(b) of BNS, under Section 3 of The Prevention of Damage to Public Property Act, 1984 and under Sections 3(1)(s), 3(1)(r) and 3(2) (v) of SC/ST Act. 2. Learned counsel for the accused-petitioner submits that the accused-petitioner has been falsely implicated in this case and he [2026:RJ-JP:13667] (2 of 3) [CRLAS-671/2026] is in custody since long time. He further submits that no recovery has been effected at the instance of the petitioner. He also submits that there are no criminal antecedents against the accused-petitioner and none of the injuries sustained by the injured are dangerous to life. He further submits that the name of the accused-petitioner is not in the FIR. He further submits that the main accused are Rohit Mahala and Virendra @ Kalu and trial will take its own time, so no fruitful purpose would be served by keeping the accused-petitioner in custody and, therefore, prays to enlarge the accused-petitioner on bail. 3. Per contra, learned Public Prosecutor vehemently opposes the submissions made by learned counsel for the accused- petitioner hereinabove. 4. Having regard to the totality of the facts and circumstances of the case; considering the arguments advanced by learned counsel for the accused-petitioner, the fact that accused-petitioner is behind the bars since long time; there is no criminal antecedent against the accused-petitioner; none of the injuries sustained by the injured is dangerous to life; no recovery has been effected; trial will take its own time. Hence, this Court without commenting anything on merits/demerits of the case, deems it just and proper to enlarge the accused-petitioner on bail. 5. Consequently, this instant appeal is allowed. The impugned order dated 23.03.2026 passed by Special Court, SC and ST (Prevention of Atrocities) Cases, Jhunjhunu in Criminal Bail Application No. 63/2026 is set aside. It is ordered that the accused-petitioner Anil Kumar Son of Late Shri Banwari Lal be released on bail, provided he furnishes a personal bond in the sum [2026:RJ-JP:13667] (3 of 3) [CRLAS-671/2026] of Rs. 1,00,000/- with two sureties of Rs. 50,000/- each to the satisfaction of the trial Court with the following conditions; (i) The accused-petitioner shall not tamper with evidence or influence the witness in any manner. (ii) The accused-petitioner shall not indulge in any criminal activity and shall not repeat any criminal offence punishable under the law. (iii) The accused-petitioner shall attend the hearing of the trial Court on the date fixed by the trial Court or as and when asked to appear before the trial Court. (iv) In case of any violation of above conditions, the bail granted to the accused-appellants shall be liable to be cancelled. 6. Office is directed to send a copy of this order to the concerned trial Court through e-mail/fax, for necessary compliance. (SANGEETA SHARMA),J KAVISH /76