[2025:RJ-JP:30837]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Appeal (Sb) No. 1560/2025 Anil Kumar Son Of Chhitar Lal, Aged About 43 Years, Resident Of Village Jaleda Gaushala, Police Station Baran Sadar, District Baran (Raj) (At Present Confined In District Jail, Baran)

----Appellant Versus

1. State Of Rajasthan, Through PP

2. Buddhi Prakash Son Of Sukhpal Meena, Resident Of Jalera Police Station Baran Sadar Baran District Baran (Raj)

----Respondents For Appellant(s) : Mr. Girish Khandelwal with Ms. Swati Sharma For Respondent(s) : Mr. N.S Dhakar, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN

Order

08/08/2025

1. The instant appeal has been filed under Section 14A(2) SC/ST (Prevention of Atrocities) Act being aggrieved of the order dated 26.05.2025 passed by learned Special Court, SC/ST (Prevention of Atrocities) Cases, Baran in Bail Application No. 141/2025 (CIS No.141/2025) rejecting the bail application preferred on behalf of the appellant, who is in custody in connection with FIR No.81/2025 registered at Police Station Baran Sadar, District Baran for the offences punishable under Sections 126(2), 115(2), 352, 110 & 3(5) of the Bharatiya Nyaya Sanhita, (in short ‘BNS’) 2023 and Sections 3(1)(r), 3(1)(s) & 3(2)(va) of SC/ST (Prevention of Atrocities) Act, 1989 (Amendment 2015).

2. It is contended by learned counsel for the appellant that appellant has falsely been implicated in this case. Counsel submits that bare perusal of the FIR would reveal that no offence under the Atrocities Act is made out. Counsel submits that except one injury, all other injuries are simple in nature. It is submitted that trial will take considerable time in its conclusion. Counsel further submits that appellant is in custody since 22.05.2025 and further custody of the appellant would not serve any fruitful purpose.

3. Per contra, learned Public Prosecutor vehemently opposes the prayer of bail made in this appeal. Counsel further submits that victim/complainant of this case has duly been informed about hearing of this appeal (bail).

4. Despite information, no one has put in appearance on behalf of the victim/complainant to oppose the prayer for bail made in this appeal.

5. Heard learned counsel for the appellant and learned Public Prosecutor. Perused the material available on record.

6. Having regard to the totality of the facts and circumstances; considering the arguments advanced by learned counsel for the parties, as also considering the nature of injuries and trial will take considerable time in its conclusion as well as looking to the period of custody, but without expressing any opinion on merits/demerits of this case, this Court deems it just and proper to enlarge the appellant on bail.

7. Consequently, the instant appeal is allowed. The impugned order dated 26.05.2025 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Baran in Bail Application No.

141/2025 (CIS No.141/2025) is set aside. It is ordered that the accused-appellant Anil Kumar Son Of Chhitar Lal arrested in connection with FIR No.81/2025 registered at Police Station Baran Sadar, District Baran, 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.

8. The observations made hereinabove are only for decision of the instant appeal (bail) and would not have any impact on the trial of the case in any manner.

(ANIL KUMAR UPMAN),J GAUTAM JAIN /465 Powerd by TCPDF (w.tcpdf.org)