[2026:RJ-JP:3007]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Appeal (Sb) No. 3325/2025 Shubham Gupta S/o Shri Sanjeev Gupta, Resident Of House No. 1/271, Kala Kua Housing Board, Previously Residing At House No. 5/17, Kala Kua Housing Board, Alwar, Police Station Aravali Vihar, District Alwar (Rajasthan), At Present R/o 32, Moti Dungari, Alwar (Rajasthan). (Presently Accused Confined In Central Jail Alwar)

----Appellant Versus

1. State Of Rajasthan, Through Public Prosecutor

2. Deepak S/o Shri Dharamveer, R/o Bhavindi, Police Station Surajgarh, Jhunjhunu, At Present R/o Manglam Residency Tower-B, Flat No. 305, Alwar, Police Station Aravali Vihar, Alwar (Rajasthan).

----Respondents For Appellant(s) : Mr. Kapil Gupta For Respondent(s) : Mr. Manvendra Singh Shekhawat, PP HON'BLE MR. JUSTICE PRAMIL KUMAR MATHUR

Order

22/01/2026

1. This criminal appeal under Section 14A(1) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter to be referred as 'the SC/ST Act’) has been filed on behalf of the appellant being aggrieved with the order dated 16.12.2025 passed by the learned Special Judge, S.C./S.T. (Prevention of Atrocities Cases), Alwar (hereinafter to be referred as ‘trial court’) in FIR No. 642/2024 registered at Police Station Arawali Vihar, District Alwar for the offence under Sections 189(2), 115(2), 126(2) and 303(2) of BNS, 2023, whereby the trial court has dismissed the bail application filed on behalf of the appellant. 2. None appears on behalf of the complainant despite service.

3. Heard the learned counsel for the appellant as well as learned Public Prosecutor and perused the material on record.

4. Learned counsel for the appellant submits that the appellant has falsely been implicated in this case. He further submits that appellant has not been named in the FIR and no specific act was attributed to the present appellant. No injuries which can be termed as dangerous to life caused by the present appellant. He again submits that co-accused Paramjeet Gurjar was enlarged on bail by Co-ordinate Bench of this Court vide order dated 09.12.2025. The appellant is in custody since 09.12.2025 without any criminal past. Therefore, the appeal presented by the present appellant may be allowed.

5. Learned Public Prosecutor has vehemently opposed the appeal.

6. Considering the facts and circumstances of the case and without commenting anything on the merits/demerits of the case, I deem it just and proper to allow the appeal filed by the appellant under Section 14-A(1) of SC/ST Act.

7. Accordingly, this criminal appeal filed under Section 14-A(1) of SC/ST Act is allowed and order dated 16.12.2025 passed by the learned trial court is set aside. It is directed that appellant- Shubham Gupta S/o Shri Sanjeev Gupta, shall be released on bail provided he shall execute a personal bond in a sum of Rs.50,000/- with two sound and solvent sureties of Rs.25,000/-

each to the satisfaction of learned trial court for his appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.

(PRAMIL KUMAR MATHUR),J Chandan/236