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2025 Supreme(Online)(Raj) 15026

HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
CHANDRA SHEKHAR SHARMA
BAL MUKAND @ BABLU OAD – Appellant
Versus
STATE OF RAJASTHAN – Respondent
CRLAS / 715 / 2025



[2025:RJ-JD:35121]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Appeal (Sb) No. 1643/2025 Govind Singh Rawat S/o Balu Singh, Aged About 30 Years, R/o Barada, P.s. Sadar Chittorgarh District Chittorgarh (Lodged In Dist. Jail, Chittorgarh)

----Appellant Versus

1. State Of Rajasthan, Through Pp

2. Balu Lal @ Babu Bheel S/o Hariram, Aged About 21 Years, R/o Badi Ka Kheda P.s. Bijaypur, Dist. Chittorgarh ----Respondents Connected With S.B. Criminal Appeal (Sb) No. 715/2025 Bal Mukand @ Bablu Oad S/o Heera Lal, Aged About 23 Years, R/o Rithola Ps Sadar Chittorgarh (Lodged In Dist. Jail Chittorgarh)

----Appellant Versus

1. State Of Rajasthan, Through Public Prosecutor

2. Balu @ Babu Bheel S/o Hariram, Aged About 21 Years, R/o Badi Ka Kheda Ps Bijaypur Dist. Chittorgarh.

----Respondents S.B. Criminal Appeal (Sb) No. 934/2025 Yogesh Oad S/o Satay Narayan Oad, Aged About 29 Years, R/o Rithola, Police Station Sadar Chittorgarh, District Chittorgarh.

(At Present Lodged In District Jail Chittorgarh)

----Appellant Versus

1. State Of Rajasthan, Through Pp

2. Shri Balu @ Babu Bheel S/o Hari Ram, Aged About 21 Years, R/o Badi Ka Kheda, Police Station Bijaypur, District Chittorgarh.

----Respondents S.B. Criminal Appeal (Sb) No. 1269/2025 Shivlal @ Shiva Oad S/o Rameshwer Oad, Aged About 27 Years, R/o Rithola P.S. Sadar Chittorgarh, Dist. Chittorgarh (Lodged In Dist. Jail, Chittorgarh)

----Appellant Versus

1. State Of Rajasthan, Through Pp

2. Balu Alias Babu Bheel S/o Hari Ram, Aged About 21 Years, Resident Of Badi Ka Kheda, Police Station Bijaypur, District Chittorgarh.

----Respondents For Appellant(s) : Mr. B.P.S. Inda Mr. Kan Singh Oad Mr Rakesh Oshu For Respondent(s) : Mr. Lalit Kishore Sen, P.P.

Mr. Dinesh Kumar, for complainant HON'BLE MR. JUSTICE CHANDRA SHEKHAR SHARMA

Order

07/08/2025 The instant appeals have been filed under Section 14-A(2) of SC/ST (Prevention of Atrocities) Act, on behalf of the appellants, who are in custody in connection with FIR No.103/2025, Police Station Sadar Chittorgarh, District Chittorgarh, for the offences under Sections 109(2), 115(2), 117(2), 126(2), 127(2), 189(2), 190, 191(2), 191(3), 324(4) of BNS and 3(1)(r)(s), 3(2)(v) of the SC/ST Act against the impugned orders dated 29.03.2025, 26.03.2025, 03.04.2025 and 16.05.2025 passed by the learned Special Judge, Scheduled Caste / Scheduled Tribe (Prevention of Atrocities) Cases, Chittorgarh whereby, the bail applications preferred under Section 483 of BNSS on behalf of the appellants were rejected.

2. Learned counsel for the appellants submits that accused- appellants have falsely been implicated in this case. It is further submitted that parties have amicably settled the dispute. It is also submitted that accused-appellants are in judicial custody since long. Charge-sheet has been filed and the trial of the case will take long time. Lastly, learned counsel submits that learned Special Judge, Scheduled Caste / Scheduled Tribe (Prevention of Atrocities) Cases, Chittorgarh has grossly erred in law and facts as well in declining to release the appellants on bail. Therefore, it is prayed that the benefit of bail may be granted to the accused-

appellants.

3. Learned Public Prosecutor has vehemently opposed the prayer for bail.

4. Learned counsel for the complainant does not dispute the fact that parties have amicably settled the dispute.

5. Having regard to the entirety of facts and circumstances as available on record and upon a consideration of the arguments advanced at the bar, this Court is of the opinion that the order rejecting the application for bail filed on behalf of the appellants, cannot be sustained and deserves to be set aside.

6. Consequently, the instant appeals are allowed. The impugned orders dated 29.03.2025, 26.03.2025, 03.04.2025 and 16.05.2025 passed by the learned Special Judge, Scheduled Caste / Scheduled Tribe (Prevention of Atrocities) Cases, Chittorgarh are set aside. It is ordered that the accused- appellants, (1) Govind Singh Rawat S/o Balu

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