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Rajasthan High Court - Jodhpur
Ruga Ram vs State Of Rajasthan (2026:Rj-Jd:10579) on 26 February, 2026
[2026:RJ-JD:10579]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal (Sb) No. 414/2026
1. Ruga Ram S/o Shri Manaram, Aged About 38 Years,
Resident Of Kalyanpur Ps Kalyanpur District Balotara
(Presently Lodged At District Jail, Balotra)
2. Ganga Singh S/o Shri Khim Singh, Aged About 27 Years,
Resident Of Bhatelai Agolai Ps Balesar District District
Jodhpur Presently Kalyanpura District Balotara (Presently
Lodged At District Jail, Balotra)
----Appellants
Versus
1. State Of Rajasthan, Through Pp
2. Smt. Aasi Devi W/o Shri Sonaram, Resident Of Nagana Ps
Mandali District Balotara
----Respondents
For Appellant(s) : Mr. Deepak Menaria
Mr. Sawai Singh
For Respondent(s) : Mr. N.S. Chandawat, PP
For Complainant : Mr. Rajesh Bhargava
HON'BLE MR. JUSTICE SUNIL BENIWAL
Order
26/02/2026
1. The jurisdiction of this Court has been invoked by way of
filing an appeal under Section 14-A(2) of SC/ST (Prevention
of Atrocities) Act, 1989 at the instance of accused-appellants.
The requisite details of the matter are tabulated herein
below:
S.No. Particulars of the Case
2. Concerned Police Station Kalyanpur (Barmer)
3. District Balotra
4. Offences alleged in the FIR Sections 406, 420, 467,
468, 469, 471, 120-B of the
BNS, 2023 and Sections
3(2)(v) and 3(2)(va) of the
SC/ST Act
5. Offences added, if any --
6. Date of passing of impugned 17.02.2026
order
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[2026:RJ-JD:10579] (2 of 3) [CRLAS-414/2026]
2. It is contended on behalf of the accused-appellants that no
case for the alleged offences is made out against them and
their incarceration is not warranted. There are no factors at
play in the case at hand that may work against grant of bail
to the accused-appellants and they have been made accused
based on conjectures and surmises.
3. It is argued that the allegation against the present
appellants is that they were witness to a surrender deed
whereby the land was surrendered to the Government. The
appellants are not beneficiaries of the said surrender deed
and the present FIR has been lodged as there was some
monetary dispute between husband of the complainant and
the appellants. A complaint was lodged bearing FIR
No.13/2025 at Police Station Kalyanpur (Balotra), District
Balotra by the petitioner No.1. It is also submitted that the
offence alleged against the present appellants is triable by
Magistrate except the offence punishable under SC/ST Act.
3.1 Based on these submissions, it is argued that the appellants,
who is presently in judicial custody since 17.02.2026, is
entitled to be enlarged on bail as the trial will take
sufficiently long time to conclude.
4. Contrary to the submissions of learned counsel for the
appellants, learned Public Prosecutor opposes the appeal,
however, he is not in position to refute the fact that the
offence alleged against the present appellants is triable by
Magistrate except the offence punishable under SC/ST Act.
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[2026:RJ-JD:10579] (3 of 3) [CRLAS-414/2026]
5. Heard learned counsel for the appellant and learned Public
Prosecutor and perused the material available on record.
6. Considering the submissions made by learned counsel for
both the parties and the facts and circumstances of the case
and the fact that appellants are witnesses of the surrender
deed and prima facie it appears that the appellants would
not have gained anything out of the surrender deed, this
Court is of the considered view that no fruitful purpose would
be served by keeping the appellants behind bars for an
indefinite period. Thus, without expressing any opinion on
merits/demerits of the case, this Court is of the opinion that
the appeal filed by the appellants deserves to be allowed.
7. Consequently, the instant appeal is allowed. The impugned
order dated 17.02.2026 passed by the learned Special
Judge, SC/ST (Prevention of Atrocities) Cases, Balotra is set
aside. It is ordered that the accused-appellants- 1. Ruga
Ram S/o Shri Manaram and 2. Ganga Singh S/o Shri
Khim Singh arrested in connection with aforesaid FIR, shall
be released on bail, provided they furnish personal bond of
Rs.50,000/- each with 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.
(SUNIL BENIWAL),J
245-Ashutosh/-
(Uploaded on 26/02/2026 at 05:53:49 PM)
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