Amit Kumar S/O Shri Vijay Singh Vs State of Rajasthan — Cheating and Forgery | Rajasthan HC (2025)

Amit Kumar S/O Shri Vijay Singh Vs State of Rajasthan — Cheating and Forgery | Rajasthan HC (2025)

What the court decided

AI extract

Outcome

Bail granted: accused-appellant Amit Kumar ordered released on bail (if not wanted in any other case) on furnishing a personal bond of Rs.50,000/- and two sureties of Rs.25,000/- each, with stipulation to appear before the trial Court on all hearing dates; conditional on committing no similar offences, sharing his active mobile number with the trial Court and Investigating Agency, and not switching off his phone for long periods.

Issue for consideration

Whether the accused-appellant (in custody since 05.07.2025 in FIR No.440/2025, PS Shipra Path, Jaipur City (South)), whose Second Bail Application No.214/2025 was rejected by the Special Judge on 25.09.2025, should be enlarged on bail through this appeal under Section 14(A)(2) SC/ST Act, taking into account that co-accused have been granted bail, the charge-sheet has been filed, the trial will take considerable time, and the period of custody.

Court's answer

Having regard to the totality of facts and circumstances - particularly that co-accused have been granted bail by this Court, the charge-sheet has been filed, trial will take considerable time, and the period of custody - and expressly without expressing any opinion on merits/demerits of the case, the Court deemed it just and proper to enlarge the appellant on bail.

Ratio / Principle

The instant appeal is allowed and the impugned order dated 25.09.2025 passed by the learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Jaipur Metropolitan-I is set aside.

Key takeaways

The accused-appellant Amit Kumar 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 stipulation to appear before that Court on all dates of hearing and as and when called upon.ratio¶7
Condition of bail: the appellant shall not involve in similar offence(s) during the currency of the bail granted by this Court.ratio¶8
Condition of bail: appellant shall share his mobile number (in use) with the trial Court and Investigating Agency and shall not switch off his phone for longer periods.

Detailed headnote1 paragraphs

RAJASTHAN HC (JAIPUR BENCH) - Bail appeal under Section 14(A)(2) SC/ST (Prevention of Atrocities) Act ALLOWED (single bench, Justice Anil Kumar Upman, 09.10.2025). Order dated 25.09.2025 of the Special Judge, SC/ST Cases, Jaipur Metropolitan-I rejecting Second Bail Application No.214/2025 SET ASIDE. Appellant Amit Kumar, in custody since 05.07.2025 in FIR No.440/2025, PS Shipra Path, Jaipur City (South) (Sections 318(4), 316(2), 189(2), 115(2), 126(2), 127(2), 140(3) & 308(2) BNS 2023; Section 27 Arms Act; Section 3(2)(va) SC/ST Act 1989 (Amendment 2015); charge-sheet filed), enlarged on bail on grounds of co-accused parity, filing of charge-sheet, expected trial delay and custody period - expressly without opinion on merits - upon personal bond Rs.50,000/- and two sureties of Rs.25,000/- each. Conditions: no similar offences during currency of bail; active mobile number to be shared with trial Court/Investigating Agency and phone not switched off for long; breach alone a ground for trial Court to cancel bail. Observations confined to the bail appeal, no impact on trial.

[2025:RJ-JP:41106]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

S.B. Criminal Appeal (SB) No. 2688/2025

Amit Kumar S/o Shri Vijay Singh, Aged About 30 Years, R/o Quarter No. 10, Sector 9-C, Bokaro Still City, Bokaro, Police Station Harla, District Bokaro, Jharkhand, Presently Tenant At Plot No. 82, Shyam Nagar, Golyawas Mansarovar, Police Station Mansarovar, Jaipur. (At Present Confined In Central Jail Jaipur)

----Accused-Appellant

Versus

State Of Rajasthan, Through P.P.

Respondent

Vishwesh Kumar S/o Ramkesh, R/o 482, Pati Kala, Bamanwas, Sawai Madhopur, Presently Residing At A-68, Vishnu Vihar, Jagatpura, Jaipur, Pratap Nagar (Jaipur City (East), Rajasthan.

----Complainant/Respondent

For Appellant(s) : Dr. Mithlesh Kumar, Adv. For Respondent(s) : Mr. N.S. Dhakar, PP and Mr. Pushpendra Pandey, Adv., for complainant.

HON'BLE MR. JUSTICE ANIL KUMAR UPMAN

Order

09/10/2025

The instant appeal has been filed under Section 14(A)(2) of SC/ST (Prevention of Atrocities) Act being aggrieved of the order dated 25.09.2025 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Jaipur Metropolitan–I in Second Bail Application No.214/2025 rejecting the bail application preferred on behalf of the appellant, who is in custody in connection with FIR No.440/2025 registered at Police Station Shipra Path, District Jaipur City (South) for offences punishable

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under Sections 318(4), 316(2), 189(2), 115(2), 126(2), 127(2), 140(3) & 308(2) of BNS, 2023, Section 27 of Arms Act and Section 3(2)(va) of SC/ST (Prevention of Atrocities) Act, 1989 (Amendment 2015). After completion of investigation, police filed charge sheet in this matter.

Learned counsel for the appellant submits that previous criminal appeal (bail) of the appellant was dismissed as withdrawn as in another case, appellant was languishing in jail. He further submits that in that other case, benefit of bail has been granted to him. In these circumstances, thus the instant appeal is being preferred on behalf of the appellant.

It is contended by learned counsel for the appellant that appellant has falsely been implicated in this case. Learned counsel submits that other co-accused have already been granted benefit of bail by this Court. He further submits that co-accused has entered into a compromise with the complainant. He argues that charge-sheet has already been filed and trial of the case will take considerable time in its conclusion. He contends that appellant is in custody since 05.07.2025 and further custody of the appellant would not serve any fruitful purpose.

Per contra, learned Public Prosecutor assisted by learned counsel for the complainant vehemently opposes the prayer for bail made in this appeal. They submit that the appellant is a habitual offender as other case has been registered against him.

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

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parties, especially the fact that other co-accused have been granted benefit of bail by this Court; charge-sheet has been filed 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.

Consequently, the instant appeal is allowed. The impugned order dated 25.09.2025 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Jaipur Metropolitan–I is set aside. It is ordered that the accused-appellant- Amit Kumar S/o Shri

Vijay Singh arrested in connection with aforesaid FIR No.440/2025 registered at Police Station Shipra Path, District Jaipur City (South) shall be released on bail, if not wanted in any other case, provided he shall furnish 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.

However, it is made clear that the appellant shall not involve in similar offence(s) during currency of bail granted by this Court. It is further directed that appellant shall share his mobile number (in use) to the trial Court and Investigating Agency and he shall not switch off his phone for longer period.

If breach of any of these conditions is reported or come to the notice of the Court, the same shall alone be a reason for the trial Court to cancel the bail granted to him by this Court.

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The observation made hereinabove is only for decision of the

instant criminal appeal (bail) and would not have any impact on the trial of the case in any manner.

(ANIL KUMAR UPMAN),J

MADAN/29