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[2026:RJ-JP:5110]

HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B. Criminal Appeal (Sb) No. 144/2026

Jaideep Sharma @ Golu Sharma S/o Kuldeep Sharma, Aged

About 30 Years, R/o Suhawan, Police Station Kishanganj, District

Baran (Raj.). (Currently In Judicial Custody At District Jail Baran)

----Appellant

Versus

1. State Of Rajasthan, Through P.P.

2. Ramvati W/o Gendilal Sahriya, R/o Suhawan, Police

Station Kishanganj, District Baran (Raj.).

----Respondents

For Appellant(s) : Mr. Jagdish Nagar

For Respondent(s) : Mr. Rohit Khandelwal

Mr. Tapesh Agarwal, P.P.

HON'BLE MR. JUSTICE GANESH RAM MEENA

Order

03/02/2026

1. This criminal appeal has been filed by the appellant u/S

14 SC/ST Prevention from Atrocities Act, 1989, assailing the order

dated 13.01.2026 passed by the Special Court, Scheduled Caste

and Scheduled Tribe (Prevention of Atrocities) Act, Baran (Raj.), in

Criminal Mis. (Bail)(C.I.S.) No. 33/2026 filed by the appellant

under section 483 BNSS in connection with the FIR No. 162/2025

registered at police station Kishanganj District Baran for offence

under Section 64(1) of BNS, 2023 and under Sections 3(1)(w)(i),

3(2)(Va) of SC/ST (Prevention of Atrocities) Act, 1989 whereby

the bail application was dismissed.

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2. Learned counsel for the appellant submits that the

accused appellant has been implicated in this case based on false

and fabricated facts. He also submits that there was some quarrel

in between the complainant party and the accused party but with

intention to teach a lesson to the accused-appellant, the

complainant party has lodged this case with false allegations of

rape by the accused-appellant with the prosecutrix.

Learned counsel also submits that prosecutrix has been

examined before the learned Trial Court as P.W.-1 on 09.01.2026

and she did not support the prosecution story and has turned

hostile. The accused-appellant is in custody since 07.10.2025.

3. Learned Public Prosecutor opposed the appeal.

4. Learned counsel for the complainant does not dispute

the fact that the prosecutrix was not supported the prosecution

story and has turned hostile.

5. Taking into consideration overall facts and

circumstances of the case and so also the fact that the prosecutrix

has been examined as P.W.-1 before the learned Trial Court and

did not support the prosecution story and has turned hostile

during her examination before the learned Trial Court, this Court is

of the opinion that accused-appellant deserves to be released on

bail.

6. Accordingly, this criminal appeal filed by the accused-

appellant under Section 14-A(2) of SC/ST Act is allowed and the

order dated 13.01.2026 passed by the Special Court, Scheduled

Caste and Scheduled Tribe (Prevention of Atrocities) Act, Baran

(Raj.) is set aside. It is directed that accused-appellant named

above shall be released on bail, provided he executes a personal

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bond in a sum of Rs.1,00,000/- together with two sound and

solvent sureties of Rs.50,000/- 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.

(GANESH RAM MEENA),J

SHRUTI SHARMA /123

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