[2025:RJ-JP:12876]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Appeal (Sb) No. 364/2025 Sooraj Kashyap Son Of Om Prakash, Aged About 27 Years, Resident Of Near Madhuwan Resort Lanka Colony Baran Police Station Kotwali Baran District Baran (Raj) (At Present Confined In District Jail Baran)

----Appellant Versus

1. State Of Rajasthan, Through PP

2. Smt. Laxmi Bai Wife Of Parasram, Resident Of Near Madhuwan Resort Lanka Colony Baran Police Station Kotwali Baran District Baran (Raj)

----Respondents For Appellant(s) : Mr. Girish Khandelwal For Respondent(s) : Mr. Shriram Dhakad, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN

Order

20/03/2025

1. The instant appeal has been filed under Section 14(A)(2) SC/ST (Prevention of Atrocities) Act being aggrieved of the order dated 31.01.2025 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Baran (Raj) in Bail Application No.41/2025 rejecting the bail application preferred on behalf of the appellant, who is in custody in connection with FIR No.629/2024 registered at Police Station Kotwali Baran, District Baran (Rajasthan) for the offences punishable under Sections 189(2), 126(2), 115(2) & 333 of BNS and Section 3(2)(va) of SC/ST Act.

2. It is contended by learned counsel for the appellant that appellant has falsely been implicated in this case. Counsel submits that none of the injuries sustained to the injured has been opined as dangerous to life. Counsel submits that there are no criminal antecedents of appellant. Appellant is in custody since 30.01.2025 and trial will take considerable time in its conclusion. Further custody of the appellant would not serve any fruitful purpose.

3. Per contra, learned Public Prosecutor opposes the prayer of bail made in this appeal. He submits that victim/complainant of this case has duly been informed about hearing of this appeal (bail) and despite information, no one has appeared on behalf of victim/complainant.

4. Heard learned counsel for the appellant and learned Public Prosecutor. Perused the material available on record.

5. Having regard to the totality of the facts and circumstances; considering the arguments advanced by learned counsel for the appellant, as also the material available on record in the form case diary; absence of criminal antecedents of the appellants; looking to the custody period, but without expressing any opinion on merits/demerits of this case, this Court deems it just and proper to enlarge the appellant on bail.

6. Consequently, the instant appeal is allowed. The impugned order dated 31.01.2025 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Baran (Raj) in Bail Application No.41/2025 is set aside. It is ordered that the accused-appellant- Sooraj Kashyap Son Of Om Prakash arrested in connection with FIR No.629/2024 registered at Police Station Kotwali Baran, District Baran (Rajasthan), 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.

7. The observation made hereinabove is only for decision of the instant appeal and would not have any impact on the trial of the case in any manner.

(ANIL KUMAR UPMAN),J LALIT MOHAN /223 Powerd by TCPDF (w.tcpdf.org)