Devchand Alias Deepchand S/O. Amarlal Vs State of Rajasthan — Rajasthan HC (2026) — LawSathi Research

Devchand Alias Deepchand S/O. Amarlal Vs State of Rajasthan — Rajasthan HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Accused-appellant Devchand Alias Deepchand ordered released on bail on furnishing a personal bond of Rs.50,000/- and two sureties of Rs.25,000/- each; impugned order dated 01.12.2025 of the Special Judge, SC/ST (Prevention of Atrocities) Cases, Jhalawar set aside.

Issue for consideration

Whether the accused-appellant, in custody in connection with FIR No. 582/2025 (Police Station Kotwali Jhalawar) for offences under Section 108 of BNS, 2023 and Section 3(2)(v) of the SC/ST (Prevention of Atrocities) Act, should be enlarged on bail through this appeal filed under Section 14A(2) of the SC/ST (Prevention of Atrocities) Act.

Court's answer

Having heard the parties, the Court allowed the bail application taking into account that the charge-sheet had already been filed, that the appellant had no criminal antecedents, and the overall facts, circumstances and material on record, expressly without commenting on merits or demerits of the case.

Ratio / Principle

The instant appeal is allowed and the impugned order dated 01.12.2025 passed by the Special Judge, SC/ST (Prevention of Atrocities) Cases, Jhalawar (Raj.) is set aside.

Key takeaways

The accused-appellant Devchand Alias Deepchand, arrested in connection with the aforesaid FIR, shall be 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 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.ratio¶¶26

Detailed headnote1 paragraphs

Bail appeal under Section 14A(2) of the SC/ST (Prevention of Atrocities) Act by Devchand alias Deepchand (aged about 20 years, in custody since 26.11.2025) in FIR No. 582/2025, Police Station Kotwali Jhalawar, for offences under Section 108 of BNS, 2023 and Section 3(2)(v) of the SC/ST Act. Background stated by counsel: the deceased-victim was a girl aged about 19 years with whom the appellant was in a close relationship; a missing report was filed on 12.09.2025; both were traced on 15.09.2025; the victim, sent back amid family pressure, wrote an application to go to the Narishala where she committed suicide. Charge-sheet already filed; no criminal antecedents; the complainant (brother of the victim) did not refute the facts; the Public Prosecutor opposed. Without commenting on merits or demerits, the Court allowed the appeal, set aside the order dated 01.12.2025 of the Special Judge, SC/ST (Prevention of Atrocities) Cases, Jhalawar, and ordered release on bail on a personal bond of Rs.50,000/- with two sureties of Rs.25,000/- each, subject to appearance before the trial Court on all hearing dates.

[2026:RJ-JP:9721]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

S.B. Criminal Appeal (Sb) No. 245/2026

Devchand Alias Deepchand S/o. Amarlal, Aged About 20 Years, Resident of Lasudiya Gaind, Police Station Bhalta, District Jhalawar (Raj.)

(At Present Confined In District Jail, Jhalawar (Raj.)

---Accused-Appellant

Versus

State of Rajasthan through P.P.

......Non-Petitioner

Dilip S/o. Madanlal Tanwar, Resident Of Mangniyakheri, Police Station Kalipeeth (Piplodi), Rajgarh (M.P.) ---Complainant-Respondent

For Appellant(s)	: Mr. SanjayKumar Sharma
For Respondent(s)	: Mr. Jitendra Singh Rathore, PP with
	Mr. Vinod Sharma
	Mr. Sapan Soni

HON'BLE MR. JUSTICE SAMEER JAIN

Order

06/03/2026

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. 582/2025 Police Station Kotwali Jhalawar District Jhalawar for the offences under Section 108 of BNS, 2023 and Section 3(2)(v) of the SC/ST (Prevention of Atrocities) Act.

It is submitted by learned counsel for the appellant that the appellant is a young person, aged about 20 years, having no criminal antecedents. It is further submitted that the FIR has been lodged qua the appellant under Section 108 BNS read with Section

[2026:RJ-JP:9721]

[CRLAS-245/2026]

(2 of 3)

3(2)(v) of SC/ST Act. It is also submitted that the deceased-victim in question was a girl, aged about 19 years, with whom the appellant was in close relationship. It is next submitted that the family members of the victim filed a missing report on 12.09.2025. It is further submitted that on 15.09.2025, the police authorities have managed to trace out both the victim and the appellant. It is further submitted that on account of family pressure by the families of the victim and the appellant, the victim was sent back to the police station whereupon on perusal of the case records, it is reflected that the victim has written an application to send her to the Narishala wherein she has committed suicide. It is further submitted that the appellant is behind the bars since 26.11.2025. It is further submitted that charge-sheet has already been filed in the matter and there are no criminal antecedents pending against the appellant.

Learned counsel for the complainant i.e., brother of the victim has marked attendance upon service and is not able to refute the said facts.

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

Having heard the arguments advanced by learned counsel for the parties, considering that charge-sheet has already been filed in the matter; that the appellant has no criminal antecedents 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 bail application of the accused-appellant and enlarge him on bail.

[2026:RJ-JP:9721]

[CRLAS-245/2026]

Consequently, the instant appeal is allowed. The impugned order dated 01.12.2025 passed by the Special Judge, SC/ST (Prevention of Atrocities) Cases, Jhalawar (Raj.) is set aside. It is ordered that the accused-appellant Devchand Alias Deepchand S/o. Amarlal 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

JKP/s-146