Jail Sikar) v. The State Of Rajasthan, Through Public Prosecutor

Judgment

2. The State Of Rajasthan, Through Public Prosecutor Pooja D/o Umrao, R/o Dhani Israwali Bansur, Kotputali Behrod Currently Residing At Surani Ajitgarhm Neem Ka Thana, Rajasthan ----Respondents Connected With S.B. Criminal Appeal (Sb) No. 342/2025

1. Mahaveer Prasad Gurjar S/o Pooran Mal, R/o Dhani Deldi Ki Tan Mokalwas Police Thana Patan District Neem Ka Thana Rajasthan (At Present Appellant Are Confined In Sub Jail Neem Ka Thana)

2. Dharampal Gurjar S/o Pooran Mal Gurjar, R/o Dhani Deldi Ki Tan Mokalwas Police Thana Patan District Neem Ka Thana Rajasthan (At Present Appellant Are Confined In Sub Jail Neem Ka Thana) ----Appellants

2. Versus State Of Rajasthan, Through P.p Pooja D/o Umrao, R/o Dhani Isawali Bansur Tehsil Bansur District Kotputli Behror Rajasthan ----Respondents [2025:RJ-JP:33616] (2 of 5) [CRLAS-1095/2025] For Appellant(s)

: Mr. Manish Gupta with Mr. Ravi Shankar Sharma For Respondent(s) For Complainant(s) : : Mr. N.S. Dhakar, PP Mr. Tapesh Agarwal, PP Mr. Hemant Gurjar HON'BLE MR. JUSTICE ANIL KUMAR UPMAN ORDER DATE OF PRONOUNCEMENT :: 29/08/2025

1. These two appeals (1095/2025 and 342/2025) have been filed under Section 14A(2) SC/ST (Prevention of Atrocities) Act by the respective appellants being aggrieved of the orders dated

03.04.2025 & 21.12.2024 respectively passed by learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Sikar in Bail Application (CIS) Nos.224/2025 & 1005/2024 rejecting the bail applications preferred on their behalf, who are in custody in connection with FIR No.240/2024 registered at Police Station Patan (Sikar), District Neem Ka Thana for the offences punishable under Sections 189(2), 140(3), 103(1) & 351(3) of Bharatiya Nyaya Sanhita, (in short ‘BNS’) 2023 and Sections 3(2)(va) & 3(2) (v) of SC/ST (Prevention of Atrocities) Act, 1989 (Amendment 2015). After completion of investigation, police filed charge-sheet in this matter for the offences punishable under Sections 189(2), 103(1), 351(3), 140(1) & 61(2)(a) of BNS & Sections 3(2)(va) & 3(2)(v) of SC/ST (Prevention of Atrocities) Act, 1989 (Amendment 2015).

2. It is contended by learned counsel for the appellants that appellants are innocent persons and they have falsely been [2025:RJ-JP:33616] (3 of 5) [CRLAS-1095/2025] implicated in this case. It is submitted that deceased was a person with a criminal background as cases of rape and attempt to murder were already registered against him. It is further argued that one of the rape case was registered by the wife of appellant Mahaveer when she was a minor. Despite this, the deceased entered into the house of the appellant Mahaveer and molested his wife. The deceased was caught on the spot and the police was informed but the deceased died on the next day and a case of murder was registered against the appellants. The appellants Mahaveer Prasad Gurjar, Dharampal Gurjar and Umesh Kumar were arrested on 23.10.2024 whereas appellants Vikram Gurjar and Mahipal Gurjar were arrested on 08.11.2024 and since then they are in custody. All the independent witnesses examined so far viz. PW.5 Kabool Gurjar, PW.6 Sunil Kumar, PW.7 Matadeen, PW.8 Ramkumar, PW.9 Bheruram and PW.10 Banwari have not supported the prosecution case and have been declared hostile. According to PW.1 Dr. Anil, who conducted post-mortem, there was no injury on the vital parts of the body of the deceased, hence the opinion regarding the cause of death was kept reserve. It is further argued that the appellants have no criminal history and the circumstances as contended above in which the alleged incident occurred where a person having criminal background entered the house of the appellant at night against whom a rape case had been lodged earlier by the appellant's wife, appellants may be granted facility of bail. Trial will take time in its conclusion and further custody of the appellants would not serve any fruitful purpose. [2025:RJ-JP:33616] (4 of 5) [CRLAS-1095/2025]

3. Per contra, learned Public Prosecutor assisted by learned counsel for the complainant vehemently opposes the prayer of bail made in these appeals.

5. Heard. Perused the material available on record. Having regard to the totality of the facts and circumstances; considering the arguments advanced by learned counsel for the appellants, especially the fact that the independent witnesses named above, who have been examined so far at trial, have not supported the prosecution case and have been declared hostile; there has been allegation against the deceased of molestation and harassment of wife the appellant Mahaveer Singh Gurjar; the appellants have no criminal antecedents; they are in custody since their dates of arrest and trial will take considerable time in its conclusion but without expressing any opinion on merits/demerits of this case, this Court deems it just and proper to enlarge the appellants on bail.

6. Consequently, these appeals are allowed. The impugned orders dated 03.04.2025 & 21.12.2024 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Sikar is set aside. It is ordered that the accused-appellants Umesh Kumar S/o Ramprasad, 2) Mahipal S/o Ramniwas, 3) Vikram S/o Jagdish Prasad, 4) Mahaveer Prasad Gurjar S/o Pooran Mal & 5) Dharampal Gurjar S/o Pooran Mal Gurjar, arrested in connection with aforesaid FIR No.240/2024 registered at Police Station Patan (Sikar), District Sikar, shall be released on bail, provided each of them shall furnish a personal bond of Rs.50,000/- and two sureties of Rs.25,000/- each to the [2025:RJ-JP:33616] (5 of 5) [CRLAS-1095/2025] 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 observations made hereinabove are only for decision of these appeals (bail) and would not have any impact on the trial of the case in any manner. GAUTAM JAIN /452-453 (ANIL KUMAR UPMAN),J