[2026:RJ-JP:991]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Appeal (Sb) No. 2789/2025 Devashish Mahavar S/o Kamar Kishore Mahavar, R/o Gali No. 02 Kumhran Mohalla Mevari Gate Beawar, Police Station Beawar City, District Ajmer. (Presently Confined In Central Jail Ajmer)

----Appellant Versus

1. State Of Rajasthan, Through Public Prosecutor.

2. Vijay S/o Harish, Aged About 27 Years, R/o Kamal Ji Tal Vale Ka Makan, Sedriya, Beawar, Beawar City, Ajmer, Rajasthan.

----Respondents For Appellant(s) : Mr. Sunil Tyagi Mr. Sunil Meena For Respondent(s) : Mr. Vijay Singh Yadav, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN

Order

09/01/2026

1. Instant appeal under Section 14A of SC/ST (POA) Act is filed by the appellant Devashish Mahawar S/o Shri Kamal Kishore Mahawar in a matter arising out of FIR No. 208/2023 P.S. Beawar City, Ajmer under Sections 302, 143, 147, 149 IPC and 3(2)(v) of SC/ST (POA) Act for seeking bail after dismissal of bail application No.912/2025 under Section 439 Cr.P.C./483 of BNSS dated 04.10.2025 by learned Special Judge (SC/ST (POA) Act Cases) Ajmer.

2. Learned counsel for the appellant while relying upon grounds of appeal submitted that without observing principle of law learned trial court has arrived at a conclusion of conviction. He further submitted that learned trial court has overlooked material contradictions and discrepancies, which goes to root of the matter. He further submitted that the entire case of prosecution rests on testimony of interested witness and no independent witness was examined to corroborate the story of prosecution.

3. Learned counsel for the Appellant submits that the first bail application of the present appellant was dismissed by this Hon’ble Court on 08.10.2024 and till date the trial has not been concluded. He further submits that vide bail order dated 27.08.2025, the co-accused Sunil Kumar Bhatt has been enlarged on bail, and that the identically placed accused Sunil Kumar Bhatt was released on the ground that the brother of the complainant, who is also an eyewitness, has not supported the case of the prosecution. He further refers to the statement of PW-1 Vijay, who is the brother of the deceased and an eyewitness, and submits that PW-1 has admitted that the present appellant was not involved in the incident. He also refers to the statement of PW-2 Rohit and submits that the main allegation is against Pawan Gujar and not against the present appellant. He further submits that in test identification parade in respect of the present appellant, PW-2 has not identified present appellant.

4. He further refers to the statements of PW-3 Naresh and PW5 Vikas and submits that both the witnesses have been turned hostile and not supported the case of the prosecution. He further refers to the prosecution story and submits that as per the witnesses, no weapon was used and there was only stone pelting, and one of the stones hit the deceased. He further submits that a stone has been recovered at the instance of Pawan Gujar and no recovery has been effected from the present appellant. He also submits that even in the FIR, no specific attribution is made against the present appellant. Lastly, he submits that except the present appellant and Pawan Gujar, all other accused persons have already been enlarged on bail.

5. Aforesaid contentions were opposed by the Learned Public Prosecutor, who submits that on the basis of CCTV footage, the role and involvement of the present appellant has been found. He further submits that the complainant has already been informed by the police about filing of the present bail appeal.

6. Heard Learned Counsel for the appellant and Learned Public Prosecutor. Perused the material placed on record.

7. On the basis of a written complaint lodged by PW-1 Vijay, brother of the deceased and an eyewitness, FIR No. 208/2023 was registered at Police Station Beawar, Rajasthan, for offences under Sections 302 and 34 IPC and Section 3(2)(v) of the SC/ST (Prevention of Atro