Rajasthan High Court – Jodhpur
Mithalal Bhoi vs State Of Rajasthan (2025:Rj-Jd:34120) on 1 August, 2025
[2025:RJ-JD:34120]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal (Sb) No. 1666/2025
Mithalal Bhoi S/o Ramji @ Ramaji, Aged About 53 Years,
Resident Of Nayak Wadi, Meena Darwaja, Bhinder, Presently
Residing At Baduppa Talab, Bhinder P.s. Bhinder, District Udaipur
Rajasthan (Presently Lodged In District Jail Udaipur)
----Appellant
Versus
State Of Rajasthan, Through Pp
----Respondent
For Appellant(s) : Mr. Navneet Sigh Birkh
For Respondent(s) : Mr. Hanuman Prajapati, PP
Mr. Nand Lal Nirania for complainant
HON'BLE MR. JUSTICE MUKESH RAJPUROHIT
Order
01/08/2025
The instant appeal has been filed under Section 14-A SC/ST
(Prevention of Atrocities) Act on behalf of the appellant who is in
custody in connection with F.I.R. No.166/2024, registered at Police
Station Mavli, District Udaipur for the offences under Sections 420,
406,467, 468, 471 & 120-B of the IPC and Section 3(1)(v)(va) of
the Scheduled Castes/Scheduled Tribes (Prevention of Atrocities)
Act against the order dated 14.05.2025 passed by the learned
Special Judge Scheduled Castes/Scheduled Tribes (Prevention of
Atrocities) Act Cases, Udaipur whereby, the bail application
preferred under Section 439 Cr.P.C. on behalf of the appellant was
rejected.
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[2025:RJ-JD:34120] (2 of 3) [CRLAS-1666/2025]
Heard learned counsel for the appellant, learned counsel for
the complainant and the learned Public Prosecutor. Perused the
material available on record.
Leaned counsel for the appellant submitted that the
allegation against the appellants are triable by Court of
Magistrate. Learned counsel submits that the co-accused Kalyan
Singh Sisodiya, Devendra Singh Rao and Shankar Lal have already
been granted interim protection by a Co-ordinate Bench of this
Court vide order dated 20.02.2025 in S.B. Criminal Misc. Petition
No.969/2025, 9336/2024 and 970/2025 respectively.
Learned counsel further submits that the appellant is in
custody since 09.06.2025 and trial of the case will take sufficiently
long time to be concluded, therefore, the benefit of bail should be
granted to the accused-appellant.
Learned Public Prosecutor and the learned counsel for the
complainant have vehemently opposed the prayer for bail.
Learned counsel for the complainant submits that the appellant
has active role to commit this offences. However, he is not in
position to refute the fact that the interim protection has been
granted in favour of the appellant.
Having regard to the facts and circumstances as available on
record in entirety and upon a careful consideration of the
arguments advanced at Bar, this Court is of the prima facie
opinion that the order rejecting the application for bail filed on
behalf of the appellant, cannot be sustained and deserves to be
set aside.
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[2025:RJ-JD:34120] (3 of 3) [CRLAS-1666/2025]
Consequently, the instant appeal is allowed. The impugned
order dated 14.05.2025, passed by the learned Special Judge
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities)
Act Cases, Udaipur is set aside. It is ordered that the accused-
appellant Mithalal Bhoi S/o Ramji @ Ramaji, arrested in
connection with F.I.R. No.166/2024, registered at Police Station
Mavli, District Udaipur shall be released on bail; provided he
furnishes a personal bond of Rs. 50,000/- and two surety bonds 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.
It is however, made clear that findings recorded/observations
made above are for limited purposes of adjudication of bail
application. The trial court shall not get prejudiced by the same.
(MUKESH RAJPUROHIT),J
251-Hanuman/-
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