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2026 DAILYLAW 5827 (RAJ)

IMRAN S/O ABDUL GAFFUR v. STATE OF RAJASTHAN

/123/2026 · 2026-03-28

Anoop Kumar Dhand

Criminal Appealbody2026

Judgment text

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[2026:RJ-JP:13100] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Appeal No. 123/2026 Imran S/o Abdul Gaffur, Aged About 26 Years, Resident Of Shri Radha Krishan Dudh Dairy Ke Pass Hariom Nagar Kachi Basti Police Station Mahaveer Nagar Kota City. (At Present Confined In Central Jail Kota, (Raj.) ----Accused-Appellant Versus 1. State Of Rajasthan, Through P.P. 2. Rajaram S/o Bannesingh, R/o Hariom Nagar Police Station Mahaveer Nagar Kota City. ----Respondents For Appellant(s) : Mr. Rohit Khandelwal For Respondent(s) : Mr. Vivek Choudhary, PP HON'BLE MR. JUSTICE ANOOP KUMAR DHAND Order 28/03/2026 1. The instant criminal appeal has been filed under Section 14 of the SC/ST (Prevention of Atrocities) Act on behalf of the appellant assailing the impugned order dated 05.01.2026 passed by the Court of the Special Court, SC/ST (Prevention of Atrocities) Cases, Kota, whereby, the bail application preferred by the appellant under Section 483 BNSS was rejected by the Trial Court. The appellant has been arrested by the Investigating Agency in connection with the impugned FIR No. 496/2025, registered at the Police Station Mahaveer Nagar, District Kota City for the offences punishable under Sections 115(2), 118(1), 126(2), 109(1) & 3(5) B.N.S., and Sections 3(2)(v) & 3(1)(r) of the SC/ST Act. [2026:RJ-JP:13100] (2 of 3) [CRLAS-123/2026] 2. Learned counsel for the appellant submits that as per the injured-Govind, the allegation of causing injuries has been levelled against the co-accused Raj Moda. The allegation against the appellant indicates that he caught hold the injured and thereafter the co-accused Raj Moda inflicted injuries on is person by knife. Counsel submits that the injured has not sustained any injury which is fatal/dangerous to life. The appellant is in custody since 05.12.2025. After investigation, charge-sheet has been submitted and the trial will take its own time to conclude, therefore, the indulgence of bail may be granted to the appellant. 3. Per contra, learned Public Prosecutor opposes the arguments raised by counsel for the appellant. 4. Heard. Perused the material available on record. 5. Considering the arguments put forward by learned counsel for the appellant and looking to the fact that the allegation of causing injuries has been levelled against the co-accused Raj Moda and the injured has not sustained any fatal/dangerous to life injury on any vital part of his body and looking to the fact that the appellant is in custody since 05.12.2025. Hence, the indulgence of bail be granted to the appellant. 6. Consequently, the instant appeal is allowed. The impugned order dated 05.01.2026 passed by the Court of the Special Court, SC/ST (Prevention of Atrocities) Cases, Kota is set aside. It is ordered that the accused–appellant Imran S/o Abdul Gaffur arrested in connection with the aforesaid FIR shall be released on bail; provided they furnish a personal bond for the sum of Rs.50,000/- with two sureties for the sum of Rs.25,000/- each to the satisfaction of the learned Trial Court with the stipulation to [2026:RJ-JP:13100] (3 of 3) [CRLAS-123/2026] appear before that Court on all dates of hearing, as and when called upon to do so. (ANOOP KUMAR DHAND),J Shivam-Puneet/15