Manish Suman S/O Kailashchand Vs State of Rajasthan

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

S.B. Criminal Appeal (Sb) No. 2720/2025

Manish Suman S/o Kailashchand, Aged About 32 Years, R/o Nai Basti Dhanwada Jhalawar Police Station Kotwali Jhalawar District Jhalawar (Raj) (At Present Confined In District Jail Jhalawar(Raj)

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----Appellant

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Versus

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State Of Rajasthan, Through PP

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Guddi Bai W/o Ramdayal Bheel, Resident Of Ralayata Police Station Sadar Jahlawar District Jhalawar

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----Respondents

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For Appellant(s) : Mr. Rohit Khandelwal For Respondent(s) : Mr. N.S. Dhakar, PP

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HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order

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16/10/2025

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This appeal has been filed under Section 14A(2) of SC/ST (Prevention of Atrocities) Act being aggrieved of the order dated 29.09.2025 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Jhalawar (Raj.) in Criminal Misc. Bail Application No.257/2025, rejecting the bail application preferred on behalf of the appellant, who is in custody in connection with FIR No.327/2024 registered at Police Station Jhalawar Sadar, District Jhalawar (Rajasthan) for offences punishable under Sections 109(1), 331(4), 331(6), 324(2), 118(1), 115(2), 191(2) & 189(9)of the Bharatiya Nyaya Sanhita, (in short ‘BNS’) 2023 and Section 3 of SC/ST (Prevention of Atrocities) Act, 1989 (Amendment 2015). After completion of investigation, police filed charge-sheet against the appellant for offences punishable under Sections 109(1), 331(4), 331(6), 324(2), 118(1), 115(2) & 3(5) of the Bharatiya Nyaya Sanhita, (in short ‘BNS’) 2023 and Sections

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3(2)(va) & 3(2)(v) of SC/ST (Prevention of Atrocities) Act, 1989 (Amendment 2015).

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On earlier occasion, appeal preferred by the appellant was dismissed as withdrawn by this court vide order dated 26.09.2025 while giving liberty to renew the prayer for bail after filing result of investigation. Now, charge-sheet has been filed thus, this appeal has been preferred.

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It is contended by learned counsel for the appellant that appellant has falsely been implicated in this case. Counsel submits that except one grievous injury, all other injuries sustained to the injured are simple in nature. Counsel submits that none of the injury sustained to the injured has been opined as dangerous to life. Counsel submits that there are no criminal antecedents against the appellant and trial will take considerable time in its conclusion. Counsel submits that appellant is in custody since 29.08.2025 and further custody of the appellant would not serve any fruitful purpose.

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Per contra, learned Public Prosecutor opposes the prayer for bail made in this appeal. He submits that victim/complainant has duly been informed about hearing of this criminal appeal (bail). 5. Despite information, no one has put in appearance on behalf of the victim/complainant to oppose the prayer for bail.

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Heard learned counsel for the appellant and learned Public Prosecutor. Perused the material available on record.

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Having regard to the totality of the facts and circumstances; considering the arguments advanced by learned counsel for the parties, especially considering the fact that none of the injury

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sustained to the injured has been opined as dangerous to life, as also the fact that there are no criminal antecedents against the appellant, charge-sheet has been filed in this matter and trial will take considerable time in its conclusion as well as looking to the period of custody, but without expressing any opinion on merits/demerits of this case, this Court deems it just and proper to enlarge the appellant on bail.

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Consequently, the instant appeal is allowed. The impugned order dated 29.09.2025 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Jhalawar (Raj.) in Criminal Misc. Bail Application No.257/2025 is set aside. It is ordered that the accused-appellant Manish Suman S/o Kailashchand arrested in connection with FIR No.327/2024 registered at Police Station Jhalawar Sadar, District Jhalawar (Rajasthan), shall be released on bail, if not wanted in any other case, provided he furnishes a personal bond of Rs.50,000/- and two sureties 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.

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The observations made hereinabove are only for decision of the appeal (bail) and would not have any impact on the trial of the case in any manner.

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(ANIL KUMAR UPMAN),J

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LALIT MOHAN /2

Manish Suman S/O Kailashchand v. State of Rajasthan

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Manish Suman S/O Kailashchand v. State of Rajasthan

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