Rajasthan High Court – Jodhpur
Gudi vs State Of Rajasthan (2025:Rj-Jd:28012) on 27 June, 2025
[2025:RJ-JD:28012]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal (Sb) No. 1193/2025
Gudi W/o Ramesh Jakhad, Aged About 40 Years, R/o Bhatinda
Luni District Jodhpur
----Appellant
Versus
1. State Of Rajasthan, Through Pp
2. Tulsi Devi W/o Tilak Ram, R/o 688 Jawalpuri Sunder Vihar
Delhi At Prasent Sajada Ps Luni Jodhpur
----Respondents
For Appellant(s) : Mr. Rajendra Choudhary
For Respondent(s) : Mr. Narendra Gehlot, PP with
Mr. OP Choudhary
HON'BLE MR. JUSTICE CHANDRA SHEKHAR SHARMA
(VACATION JUDGE)
Order
27/06/2025
1. The instant appeal has been filed under Section 14-A(2) of SC/
ST (Prevention of Atrocities) Act, on behalf of the appellant, who is in
custody in connection with FIR No.292/2024, Police Station Luni,
District Jodhpur City West, for the offences under Sections 406, 420,
120-B of IPC and Sections 3(1)(S) 3 (2)(VA) of the SC/ST Act
against the order dated 20.05.2025 passed by the learned Special
Judge, Scheduled Caste / Scheduled Tribe (Prevention of Atrocities)
Cases, Jodhpur Metropolitan whereby, the bail application preferred
under Section 483 BNSS on behalf of the appellant was rejected.
2. Service is complete. None appears for the complainant despite
service.
3. Learned counsel for the appellant submits that accused-
appellant has falsely been implicated in this case. It is also submitted
that accused-appellant is in judicial custody since long and the trial
of the case will take long time. Lastly, learned counsel submits that
learned Special Judge, Scheduled Caste / Scheduled Tribe
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[2025:RJ-JD:28012] (2 of 2) [CRLAS-1193/2025]
(Prevention of Atrocities) Cases, Jodhpur Metropolitan has grossly
erred in law and facts as well in declining to release the appellant on
bail. Therefore, it is prayed that the benefit of bail may be granted to
the accused-appellant.
4. Learned Public Prosecutor has vehemently opposed the prayer
for bail.
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 appeal is allowed. The impugned
order dated 20.05.2025 passed by learned Special Judge, Scheduled
Caste / Scheduled Tribe (Prevention of Atrocities) Cases, Jodhpur
Metropolitan is set aside. It is ordered that the accused-appellant,
Gudi W/o Ramesh Jakhad arrested in connection with FIR No.
292/2024, Police Station Luni, District Jodhpur City West,
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.
(CHANDRA SHEKHAR SHARMA (VACATION JUDGE)),J
119-Jatin/-
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