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2026 DAILYLAW 8384 (RAJ)

SUBHASHCHANDRA UPADHAYAYA, S/O LATE SH. RADHEYSHYAM UPADHYAYA v. STATE OF RAJASTHAN

CRLAS/622/2026 · 2026-05-20

Pramil Kumar Mathur

Criminal Appealbody2026

Judgment text

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[2026:RJ-JP:21319] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Appeal (Sb) No. 622/2026 Subhashchandra Upadhayaya, S/o Late Sh. Radheyshyam Upadhyaya, Aged About 63 Years, R/o Luhar Colony Ke Peeche, Shiv Colony, Rupangarh Road, Madanganj, Kishengarh Police Station Gandhinagar, Dist. Ajmer. (Presently Confined In District Jail Ajmer) ----Appellant Versus 1. State Of Rajasthan, Through P.p. (Raj.) 2. Trilok Jodhawat, S/o Madan, R/o Bhambiyo Ka Mohalla, Gram Makadwali, Ajmer, Christianganj, Ajmer. ----Respondents For Appellant(s) : Mr. Anirudh Tyagi For Respondent(s) For Complainant : : Mr. Jaiprakash Tiwari, PP Mr. Dilip Sharma HON'BLE MR. JUSTICE PRAMIL KUMAR MATHUR Order 20/05/2026 1. 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 behalf of the appellant being aggrieved with the order dated 16.03.2026 passed by the learned Special Judge, S.C./S.T. (Prevention of Atrocities) Cases, Ajmer (hereinafter to be referred as ‘trial court’) in FIR No.301/2025 registered at Police Station Christianganj, District Ajmer for the offence under Sections 420 and 120B of IPC, whereby the trial court has dismissed the bail application filed on behalf of the appellant. 2. Heard learned counsel for the appellant, learned Public Prosecutor as well as counsel for the complainant and perused the material available on record. [2026:RJ-JP:21319] (2 of 2) [CRLAS-622/2026] 3. Learned counsel for the appellant submits that the appellant has falsely been implicated in this case. He further submits that the allegation against the present appellant is that he has identified the signatures in the will, which is alleged to be forged in the matter. Appellant is behind the bars since 11.03.2026 without any criminal past. Therefore, it is prayed that the appeal presented by the present appellant may be allowed and he may be enlarged on bail. 4. Learned Public Prosecutor and counsel for the complainant have vehemently opposed the appeal. 5. 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 appellant under Section 14-A(2) of SC/ST Act. 6. Accordingly, this criminal appeal filed under Section 14-A(2) of SC/ST Act is allowed and order dated 16.03.2026 passed by the learned trial court is set aside. It is directed that appellant- Subhashchandra Upadhayaya, S/o Late Sh. Radheyshyam Upadhyaya, shall be released on bail provided he shall execute 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 his 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 94/Arun