[2026:RJ-JD:1149]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Appeal (S.B.) No. 2635/2025 Sachin Kumar S/o Kupa Ram, Aged About 32 Years, R/o Khadiyawas, Shivganj, Police Station Shivganj, District Sirohi (Raj.) (Presently Lodged At Distt. Jail, Sirohi)

----Appellant Versus

1. State of Rajasthan, PP

2. Rekha Devi W/o Devaram Dholi, Aged About 45 Years, R/o Khadiyawas, Tehsil Shivganj, District Sirohi (Raj.)

----Respondents For Appellant(s) : Mr. D.S. Sodha, Sr. Adv. assisted by Ms. Priyanka Borana.

For Respondent(s) : Mr. Sameer Pareek, P.P.

HON'BLE DR. JUSTICE NUPUR BHATI

Order

09/01/2026

1. The instant appeal has been filed by the appellant under Section 14-A of SC/ST (Prevention of Atrocities) Amended Act, 2015, who has been arrested in connection with the FIR No.3/2025 dated 05.01.2025 registered at the Police Station Shivganj, District Sirohi, for the offences under Sections 103(1), 140(3) read with Section 3(5) of BNS, 2023 and Section 3(2)(v) of SC/ST Act.

2. Vide order dated 15.07.2025 passed in S.B. Criminal Appeal (SB) No.1056/2025, this Court dismissed the appellant’s earlier appeal as not pressed with liberty to renew his prayer after the 3. Learned Senior Counsel for the petitioner submits that the recorded. Drawing the attention of this Court to the charge-sheet, learned Senior Counsel points out that Lokesh (PW/3) has been described therein as the star witness of the incident, however, in his statement as well as in his examination-in-chief, Lokesh (PW/3) categorically stated that he was not present with the deceased at the time of the incident; rather, he was at his home and came to know about the death of the deceased only on the next day. Learned Senior Counsel further submits that the said star witness, PW/3, has turned hostile, and since he was the sole witness to the alleged incident, his hostile stance leaves no material on record to indicate the petitioner’s involvement in causing injuries to the deceased, which allegedly led to his death. It is further submitted that no recovery has been effected from the petitioner, he has no criminal antecedents, and he has been in judicial custody since 08.01.2025, therefore, the petitioner deserves to be enlarged on bail.

3. Learned Public Prosecutor submits that service upon respondent No.2 is complete. The service report is taken on record.

4. Learned Public Prosecutor opposes the appeal; however, he is not in a position to refute the fact that though the petitioner was named in the FIR, the charge-sheet reveals that PW/3 Lokesh is the sole witness to the incident. Learned Public Prosecutor is also unable to refute that PW/3 Lokesh has turned hostile and has categorically stated that he was not with the deceased at the time of the incident and came to know about the death only on the next day of incident.

5. Thus, having regard to the entirety of facts and circumstances as available on record and the fact that the similarly situated co-accused have been enlarged on bail, without expressing any opinion on the merits/demerits of the case, this Court is of the opinion that the order rejecting the application for bail filed on behalf of the appellant, cannot be sustained and deserves to be set aside.

6. Consequently, the instant appeal is allowed. The impugned order dated 01.11.2025 passed by the learned Special Judge, SC/ ST (Prevention of Atrocities) Act Cases, Sirohi, in Criminal Bail Application No.231/2025, is quashed and set aside. It is ordered that the accused appellant Sachin Kumar S/o Kupa Ram, arrested in connection with FIR No.3/2025 dated 05.01.2025 registered at the Police Station Shivganj, District Sirohi, shall be released on appeal; provided he furnishes a personal bond in the sum of Rs.50,000/- and two sureties of Rs.25,000/- each to the satisfaction of the learned trial Court, with a stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.

(DR.NUPUR BHATI),J

144-Sumit/-