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2026 DAILYLAW 9075 (RAJ)

SURESH KUMAR S/O KANHEYALAL v. STATE OF RAJASTHAN

CRLAS/1003/2026 · 2026-07-02

Pramil Kumar Mathur

Criminal Appealbody2026

Judgment text

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[2026:RJ-JP:24624] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Appeal (Sb) No. 1003/2026 URN: CRLAS / 1884U / 2026 1. Suresh Kumar S/o Kanheyalal, Aged About 46 Years, Resident Of Moti Colony Chhabra Police Station Chhabra, District Baran (Raj.) (Presently Confined In Central Jail Baran) 2. Ramu Urf Rambabu S/o Kanheyalal, Aged About 32 Years, - Resident Of Moti Colony Chhabra Police Station Chhabra, District Baran (Raj.) (Presently Confined In Central Jail Baran) 3. Sonu S/o Kanheyalal, Aged About 27 Years, Resident Of Moti Colony Chhabra Police Station Chhabra, District Baran (Raj.)(Presently Confined In Central Jail Baran) 4. Trilok Kushwah S/o Kanheyalal, Aged About 36 Years, Resident Of Moti Colony Chhabra Police Station Chhabra, District Baran (Raj.) (Presently Confined In Central Jail Baran) ----Appellants Versus 1. State Of Rajasthan, Through P.p 2. Ashu Mehra S/o Omprakash Mehra, Resident Of Moti Colony Chhabra Police Station Chhabra, District Baran (Raj.) ----Respondents For Appellant(s) : Mr. Aman Ali For Respondent(s) For Complainant : : Mr. Jaiprakash Tiwari, PP None present HON'BLE MR. JUSTICE PRAMIL KUMAR MATHUR Order 02/07/2026 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 [2026:RJ-JP:24624] (2 of 3) [CRLAS-1003/2026] behalf of the appellants being aggrieved with the order dated 28.04.2026 passed by the learned Special Judge, S.C./S.T. (Prevention of Atrocities) Cases, Baran, District Baran (hereinafter to be referred as ‘trial court’) in FIR No.122/2026 registered at Police Station Chhabra, District Baran for the offence under Sections 115(2), 126(2) and 189(2) of BNS, 2023 and Sections 3(1)(s) and 3(2)(va) of SC/ST Act, whereby the trial court has dismissed the bail application filed on behalf of the appellants. 2. Heard learned counsel for the appellants as well as learned Public Prosecutor and perused the material available on record. 3. Learned counsel for the appellants submits that the appellants have falsely been implicated in this case. He further submits that though there are allegations against the present appellants of having inflicted life-threatening injuries upon the injured, there is no medical opinion on record from which it can be inferred that the alleged injuries were, in fact, life-threatening. Appellants are behind the bars since 26.04.2026 with one criminal antecedent against the appellant-Suresh Kumar. Charge-sheet has been filed. Therefore, it is prayed that the appeal presented by the present appellants may be allowed and they may be enlarged on bail. 4. Despite service, no one has put in appearance on behalf of the complainant. 5. Learned Public Prosecutor has vehemently opposed the appeal. 6. Considering the facts and circumstances of the case and without commenting anything on the merits/demerits of the case, [2026:RJ-JP:24624] (3 of 3) [CRLAS-1003/2026] I deem it just and proper to allow the appeal filed by the appellants under Section 14-A(2) of SC/ST Act. 7. Accordingly, this criminal appeal filed under Section 14-A(2) of SC/ST Act is allowed and order dated 28.04.2026 passed by the learned trial court is set aside. It is directed that appellants- Suresh Kumar S/o Kanheyalal, Ramu Urf Rambabu S/o Kanheyalal, Sonu S/o Kanheyalal and Trilok Kushwah S/o Kanheyalal, shall be released on bail provided they 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 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 108/Arun