Rahul Gurjar S/O Gopal Gurjar Vs State of Rajasthan

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

S.B. Criminal Appeal (Sb) No. 328/2025

Rahul Gurjar S/o Gopal Gurjar, Aged About 24 Years, R/o Sawantsar Police Station Gandhi Nagar, District Ajmer Presently Confined At Central Jail Ajmer (At Present Confined At Central Jail Ajmer)

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----Appellant

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Versus

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State Of Rajasthan, Through P.p

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Ritik S/o Amarchand, R/o Harijan Basti Purani Meel Madangaj Ajmer Raj

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----Respondents

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For Appellant(s) : Ms. Priya Jain For Respondent(s) : Mr. Jai Prakash Tiwari, PP

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HON'BLE MR. JUSTICE ASHOK KUMAR JAIN

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Order

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10/02/2025

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Instant criminal appeal is preferred by appellant accused in a matter arising out of FIR no. 123/2024 registered at P.S. Madanganj District Ajmer on 27.03.2024 under Sections 143, 323, 341, 365 IPC and 3(2)(va) of SC/ST (POA) Act.

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First bail appeal was dismissed by this Court on 06.11.2024. Subsequent bail appeal was dismissed on 03.01.2025 with liberty to file after consideration of charge by the trial court. Now, instant third bail appeal is preferred after framing of charge.

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Learned counsel for appellant submits that appellant is an innocent person and he has falsely been implicated in the instant case. She further submits that co-accused have already been granted bail by the trial court. The case of present appellant was

(2 of 4)

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not considered on ground of parity. She further submits that from the facts of the case no case under SC/ST (POA) Act is made out and all other offences are triable by First Class Magistrate. She also submits that out of four pending cases, the appellant is on bail in all cases and the appellant accused undertakes not to indulge in any of the criminal activity after being released on bail. At last, she submitted that after liberty granted by this Hon’ble Court a charge has been framed against the appellant with other accused and now he is facing trial and the trial will take its own time.

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Aforesaid contentions were opposed by learned Public Prosecutor. None present for complainant.

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Heard learned counsel for appellant and learned Public Prosecutor. Perused the entire material placed on record. 6. On complaint of complainant Ritik, FIR no. 123/2024 was registered at P.S. Madanganj, District Ajmer and after investigation police has found involvement of present appellant. This appellant accused has filed S.B. Criminal Appeal No. 2610/2024 for anticipatory bail after dismissal by trial court on 26.09.2024. This bail appeal was dismissed as withdrawn on 17.10.2024 with liberty to surrender and move regular bail application.

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Thereafter, S.B. Criminal Appeal No. 2894/2024 was filed for regular bail under Section 483 of BNSS and same was dismissed on 06.11.2024. Again, S.B. Criminal Appeal No. 3436/2024 was filed and same was dismissed as withdrawn on 03.01.2025 to file after framing of charge.

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Now, instant bail appeal is preferred after framing of charge by the trial court on 23.01.2025. The appellant is charged under Sections 147, 323 or 323/149, 341 or 341/149, 365 or 365/149 IPC and Section 3(2)(va) of SC/ST (POA) Act.

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Having considered the fact that appellant accused is in custody after his arrest on 12.10.2024, except offence of SC/ST (POA) Act other offences were triable by First Class Magistrate. 10. Considering the fact that the disposal of the case will take its own time, thus, without expressing any opinion on merits, I am of considered view that now appellant can be enlarged on bail. The application under Section 14-A of SC/ST Act rws 483 of BNSS is allowed of appellant accused- Rahul Gurjar S/o Gopal Gurjar is released on bail till disposal of criminal case arising out of FIR No. 123/2024 registered at P.S. Madanganj District Ajmer with the condition that he executes a personal bond in the sum of ₹1,00,000/-with two sureties of ₹50,000/- each to the satisfaction of the learned trial Judge for his appearance in trial court on date fixed by trial court and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:-

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(i) Every Monday the petitioner accused will mark his attendance on at Police Station Madanganj, District Ajmer unless he is in custody in another matter. This attendance will be forwarded to Special Court by the police.

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(ii) In case appellant accused fails to mark attendance on any of the date, the trial court is at liberty to cancel the bail order passed by this Court and take appellant accused in custody.

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(iii). After release of appellant accused on bail, he will not indulge in any criminal activity and if it is found that he is involved in any criminal activity, the order shall be recalled.

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(iv). That he will appear before the trial Court on each and every date of hearing till the disposal of criminal case.

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(v). That if the applicant changes the place of residence, he will give in writing his changed address to the trial Court.

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(vi). Similarly, if the sureties change their address(s), they will give in writing their changed address to the trial Court.

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(vii). The appellant shall not influence prosecution witnesses in any manner.

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