[2025:RJ-JP:12352]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Appeal (Sb) No. 2749/2024

1. Bhairulal Son Of Naval, Aged About 55 Years, Resident Of Makodiya Police Station Gangdhar District Jhalawar (Raj)

(Accused Presently Confined In District Jail Jhalawar)

2. Narayanlal Son Of Bhairulal, Aged About 32 Years, Resident Of Makodiya Police Station Gangdhar District Jhalawar (Raj) (Accused Presently Confined In District Jail Jhalawar)

3. Dashrathsingh Son Of Laxmansingh, Aged About 35 Years, Resident Of Makodiya Police Station Gangdhar District Jhalawar (Raj) (Accused Presently Confined In District Jail Jhalawar)

----Appellants Versus

1. State Of Rajasthan, Through PP

2. Dinesh Lal Meghwal Son Of Lalu Ji, Resident Of Makodiya Police Station Gangdhar District Jhalawar (Accused Presently Confined In District Jail Jhalawar)

----Respondents For Appellant(s) : Ms. Bhawna Sharma For Respondent(s) : Ms. Arti Sharma, PP Mr. Kalu Ram Verma, former Investigating Officer (presently posted as Addl. SP at SIUCAW, Kota City)

For Complainant(s) : Mr. Mohammad Rahil Kalam HON'BLE MR. JUSTICE ANIL KUMAR UPMAN

Order

19/03/2025

1. Learned counsel for the petitioners wants to withdraw this criminal appeal (bail) qua appellant No.3- Dashrathsingh Son Of Laxmansingh with liberty to renew the prayer of bail after recording the testimony of injured as well as medical expert.

2. Permission sought for is granted.

3. Accordingly, this criminal appeal (bail) is dismissed as withdrawn qua appellant No.3 with liberty as prayed for.

4. In pursuance of order dated 04.03.2025, Investigating Officer of this case is present in person. Learned State Counsel places on record certified copy of injury report of the victim.

5. So far as accused-appellant Nos. 1 & 2 are concerned, this criminal appeal has been preferred being aggrieved of the order dated 26.09.2024 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Jhalawar (Raj) in Bail Application No.216/2024 rejecting the bail application preferred on behalf of the appellants, who are in custody in connection with FIR No.202/2024 registered at Police Station Gangdhar, District Jhalawar (Raj.) for the offences punishable under Sections 189(2), 126(2) & 109(1) of the Bharatiya Nyaya Sanhita, (in short ‘BNS’) 2023 and Section 3(2)(v) of SC/ST (Prevention of Atrocities) Act, 1989 (Amendment 2015). Later on police filed charge-sheet in this matter for the offences punishable under Sections 126(2), 109(1), 115(2), 118(1), 118(2) & 3(5) of BNS 2023, Section 4/25 of Arms Act, 1959 (Amendment 2019) and Section 3(2)(v) of SC/ST (Prevention of Atrocities) Act, 1989 (Amendment 2015).

6. It is contended by learned counsel for the appellants that appellants have falsely been implicated in this case. Counsel submits that there is no allegation against the appellants of causing injury on the person of the injured. It is submitted that there are no criminal antecedents against the appellants. Charge- sheet has been filed and trial will take considerable time in its conclusion. Appellants are in custody since 12.09.2024 and further custody of the appellants would not serve any fruitful purpose.

7. Per contra, learned Public Prosecutor assisted by learned counsel for complainant vehemently opposes the prayer of bail made in this appeal.

8. Heard learned counsel for the appellant, learned counsel for the complainant and learned Public Prosecutor. Perused the material available on record.

9. Having regard to the totality of the facts and circumstances; considering the arguments advanced by learned counsel for the parties, material made available on record in the form of charge- sheet including injury report, so also considering the role attributed to the appellant Nos. 1 & 2 and trial will take considerable time in its conclusion as well as looking to the custody period, but without expressing any opinion on merits/demerits of this case, this Court deems it just and proper to enlarge the appellant Nos. 1 & 2