Rajasthan High Court – Jodhpur
Naresh Kumar Alias Naresh vs State Of Rajasthan (2025:Rj-Jd:27976) on 27 June, 2025
[2025:RJ-JD:27976]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal (Sb) No. 1246/2025
Naresh Kumar Alias Naresh S/o Sh. Ramchandra, Aged About 24
Years, R/o Madavda Ps Bengu District Chittorgarh Rajasthan (At
Present Lodged In District Jail Chittorgarh)
----Appellant
Versus
1. State Of Rajasthan, Through The Learned Public
Prosecutor
2. Deepak Sharma S/o Sh. Manohar Lal Sharma, R/o
Pachunda Ps Bengu District Chittorgarh Rajasthan
----Respondents
For Appellant(s) : Mr. Arjun Singh Rathore
For Respondent(s) : Mr. Narendra Gehlot, PP
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.138/2024, Police Station Bengu,
District Chittorgarh, for the offences under Sections 143, 148, 341,
307, 506/149 of IPC and Sections 3(2)(v)(va) of the SC/ST Act
against the order dated 30.05.2025 passed by the learned Special
Judge, Scheduled Caste / Scheduled Tribe (Prevention of Atrocities)
Cases, Chittorgarh whereby, the bail application preferred under
Section 439 Cr.P.C. on behalf of the appellant was rejected.
2. Service is complete. None appears for the complainant despite
service.
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3. Learned counsel for the appellant submits that accused-
appellant has falsely been implicated in this case. It is also
submitted that co-accused Gheesa Lal and Gopal Lal have already
been enlarged on bail vide order dated 08.07.2025 and 05.03.2025
in SB Criminal Appeal(SB) No.897/2024 and 305/2025 respectively.
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 (Prevention of Atrocities) Cases, Chittorgarh 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 30.05.2025 passed by learned Special Judge, Scheduled
Caste / Scheduled Tribe (Prevention of Atrocities) Cases, Chittorgarh
is set aside. It is ordered that the accused-appellant Naresh Kumar
@ Naresh S/o Ramchandra arrested in connection with FIR
No.138/2024 Police Station Bengu, District Chittorgarh shall
be released on bail; provided he furnishes a personal bond of
Rs.1,00,000/- and two surety bonds of Rs.50,000/- each to the
satisfaction of the learned trial Court with the stipulation to appear
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before that Court on all dates of hearing and as and when called
upon to do so.
(CHANDRA SHEKHAR SHARMA (VACATION JUDGE)),J
169-Jatin/-
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