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2026 DAILYLAW 4397 (RAJ)

DEVCHAND ALIAS DEEPCHAND S/O. AMARLAL v. STATE OF RAJASTHAN

CRLAS/245/2026 · 2026-03-06

Sameer Jain

Criminal Appealbody2026

Judgment text

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[2026:RJ-JP:9721] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Appeal (Sb) No. 245/2026 Devchand Alias Deepchand S/o. Amarlal, Aged About 20 Years, Resident of Lasudiya Gaind, Police Station Bhalta, District Jhalawar (Raj.) (At Present Confined In District Jail, Jhalawar (Raj.) ---Accused-Appellant Versus 1. State of Rajasthan through P.P. ......Non-Petitioner 2. Dilip S/o. Madanlal Tanwar, Resident Of Mangniyakheri, Police Station Kalipeeth (Piplodi), Rajgarh (M.P.) ---Complainant-Respondent For Appellant(s) : Mr. Sanjay Kumar Sharma For Respondent(s) : Mr. Jitendra Singh Rathore, PP with Mr. Vinod Sharma Mr. Sapan Soni HON'BLE MR. JUSTICE SAMEER JAIN Order 06/03/2026 1. The instant appeal has been filed under Section 14A(2) SC/ST (Prevention of Atrocities) Act on behalf of the appellant, who is in custody in connection with FIR No. 582/2025 Police Station Kotwali Jhalawar District Jhalawar for the offences under Section 108 of BNS, 2023 and Section 3(2)(v) of the SC/ST (Prevention of Atrocities) Act. 2. It is submitted by learned counsel for the appellant that the appellant is a young person, aged about 20 years, having no criminal antecedents. It is further submitted that the FIR has been lodged qua the appellant under Section 108 BNS read with Section [2026:RJ-JP:9721] (2 of 3) [CRLAS-245/2026] 3(2)(v) of SC/ST Act. It is also submitted that the deceased-victim in question was a girl, aged about 19 years, with whom the appellant was in close relationship. It is next submitted that the family members of the victim filed a missing report on 12.09.2025. It is further submitted that on 15.09.2025, the police authorities have managed to trace out both the victim and the appellant. It is further submitted that on account of family pressure by the families of the victim and the appellant, the victim was sent back to the police station whereupon on perusal of the case records, it is reflected that the victim has written an application to send her to the Narishala wherein she has committed suicide. It is further submitted that the appellant is behind the bars since 26.11.2025. It is further submitted that charge-sheet has already been filed in the matter and there are no criminal antecedents pending against the appellant. 3. Learned counsel for the complainant i.e., brother of the victim has marked attendance upon service and is not able to refute the said facts. 4. Per contra, learned Public Prosecutor has opposed the instant appeal. 5. Having heard the arguments advanced by learned counsel for the parties, considering that charge-sheet has already been filed in the matter; that the appellant has no criminal antecedents and looking to the overall facts and circumstances of the case and material on record but without commenting on merits/demerits of the case, this court is inclined to allow the bail application of the accused-appellant and enlarge him on bail. [2026:RJ-JP:9721] (3 of 3) [CRLAS-245/2026] 6. Consequently, the instant appeal is allowed. The impugned order dated 01.12.2025 passed by the Special Judge, SC/ST (Prevention of Atrocities) Cases, Jhalawar (Raj.) is set aside. It is ordered that the accused-appellant Devchand Alias Deepchand S/o. Amarlal arrested in connection with aforesaid FIR, shall be released on bail, if not wanted in any other case, provided he furnishes a personal bond of Rs.50,000/- and two sureties 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. (SAMEER JAIN),J JKP/s-146