Shahadat Son of Mohammad Rafiq Vs State of Rajasthan — Rajasthan HC (2025) — LawSathi Research

Shahadat Son of Mohammad Rafiq Vs State of Rajasthan — Rajasthan HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Appeal allowed; impugned order dated 04.09.2025 of the Special Judge, SC/ST (Prevention Of Atrocities) Cases, Kota set aside; accused-appellant Shahadat Son Of Mohammad Rafiq to be released on bail, if not wanted in any other case, upon 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 dates of hearing.

Issue for consideration

Whether the accused-appellant, in custody since 16.08.2025 in connection with FIR No. 145/2025 (PS Nanta, Kota), should be released on bail pursuant to the appeal under Section 14A(2) SC/ST (Prevention Of Atrocities) Act, notwithstanding the impugned order dated 04.09.2025 of the Special Judge, Kota.

Court's answer

In deciding the bail question, the Court took into account that the appellant's name is not mentioned in the FIR, that the appellant has been in custody ever since 16.08.2025, and that no criminal antecedents are registered against him.

Ratio / Principle

The Court further observed that the injuries sustained by the victim/complainant were not specifically attributed to the appellant, and looked to the overall facts and circumstances of the case and the material on record.

Key takeaways

Without commenting on the merits or demerits of the case, this Court inclined to allow the bail application and enlarge the accused-appellant on bail.ratio¶¶21
The appeal was allowed, the impugned order of 04.09.2025 was set aside, and the appellant was ordered released on bail (if not wanted in any other case) upon furnishing a personal bond of Rs.50,000/- with two sureties of Rs.25,000/- each, with the stipulation to appear before the learned trial Court on all dates of hearing and as and when called upon.ratio¶¶22

Detailed headnote1 paragraphs

Bail granted — S.B. Criminal Appeal (Sb) No. 2787/2025, High Court of Judicature for Rajasthan, Jaipur (Hon'ble Mr. Justice Sameer Jain, single judge), decided 21/11/2025. Appeal filed under Section 14A(2) SC/ST (Prevention Of Atrocities) Act by Shahadat s/o Mohammad Rafiq, in custody in connection with FIR No. 145/2025, Police Station Nanta, District Kota, for offences under Sections 115(2), 109(2), 126(2), 3(5) of BNS and Section 3(2)(v) of the SC/ST (Prevention Of Atrocities) Act. Court allowed the bail application considering that the appellant's name is not mentioned in the FIR, that he has been in custody since 16.08.2025, that he has no registered criminal antecedents, and that the victim's injuries are not specifically attributed to him — expressly without commenting on merits/demerits. Impugned order dated 04.09.2025 of the Special Judge, SC/ST (Prevention Of Atrocities) Cases, Kota set aside; appellant enlarged on bail on a personal bond of Rs.50,000/- with two sureties of Rs.25,000/- each, subject to attendance before the trial Court.

[2025:RJ-JP:47234]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

S.B. Criminal Appeal (Sb) No. 2787/2025

Shahadat Son Of Mohammad Rafiq, Aged About 25 Years, Resident Of House No. 188A, Gali No.3, Sanjay Gandhi Nagar, P.s. Vigyan Nagar, Kota. (Accused Appellant Presently Confined In Central Jail Kota) E

----Appellant

Versus

State Of Rajasthan, Through P.p.

Rohit Meghwal Son Of Shobharam Meghwal, Resident Of C-164, Mohanlal Sukhadiya, Nanta, Kota City, Rajasthan.

----Respondents

For Appellant(s)	: Mr. Sunil Vijay
For Respondent(s)	: Mr. Rhishi Raj	Singh Rathore,PP

HON'BLE MR. JUSTICE SAMEER JAIN

Judgment

21/11/2025

The instant appeal has been filed under Section 14A(2) SC/ST (Prevention Of Atrocities) Act on behalf of the appellant, who is in custody in connection with FIR No. 145/2025 Police Station Nanta District Kota for the offences under Sections 115(2), 109(2), 126(2), 3(5) of BNS and Sections 3(2)(v) of the SC/ST (Prevention Of Atrocities) Act.

Learned counsel for the accused-appellant has submitted that appellant has falsely been implicated in the matter. It is further submitted that name of the appellant is not mentioned in the FIR, the appellant is in custody ever since 16.08.2025, and there are no criminal antecedents registered against the appellant.

(2 of 2)

[2025:RJ-JP:47234]

[CRLAS-2787/2025]

It is also submitted that injuries sustained by the complainant, are not specifically attributed to the present appellant.

Per contra , learned Public Prosecutor has opposed the instant appeal.

Having heard the arguments advanced by learned counsel for the parties and considering the fact that name of the appellant is not mentioned in the FIR; that the appellant is in custody ever since 16.08.2025; that there are no criminal antecedents registered against the appellant; that the injuries sustained by the victim are not specifically attributed to the appellant and looking to the overall facts and circumstances of the case and material on record but without commenting on merits/demerits of the case, this court is inclined to allow the instant bail application of the accused-appellant and enlarge him on bail.

Consequently, the instant appeal is allowed. The impugned order dated 04.09.2025 passed by the Special Judge, SC/ST (Prevention Of Atrocities) Cases, Kota is set aside. It is ordered that the accused-appellant Shahadat Son Of Mohammad Rafiq arrested in connection with aforesaid FIR, 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.

(SAMEER JAIN),J

Pooja /223