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[2026:RJ-JP:12410]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

S.B. Criminal Appeal (Sb) No. 171/2026

Shivshankar Urf Shiva Nagar S/o Prabhudayal, Aged About 30 Years, R/o Madhuban Resort Masjid Ke Pass Lanka Colony Baran Police Station Kotwali Baran District Baran (Prsently Confined In

Central Jail Baran)

----Appellant Versus

1. State Of Rajasthan, Through Its Public Prosecutor.

2. Rambabu S/o Gopal Lal, R/o Kota Road Krishna Nagar Baran Police Station Kotwali Baran District Baran (Raj)

----Respondents

For Appellant(s) : Mr. Aman Ali For Respondent(s) : Mr. Devi Singh, PP

HON'BLE MR. JUSTICE PRAMIL KUMAR MATHUR

Order

24/03/2026

1. This criminal appeal under Section 14(A) 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 06.11.2025 passed by the learned Special Judge, S.C./S.T. (Prevention of Atrocities Cases), Baran (hereinafter to be referred as ‘trial court’) in FIR No.23/2024 registered at Police Station Kotwali Baran, District Baran for the offences under Sections 307, 323, 341, 504, 147, 148, 149, 384 of IPC, 1860 and Sections 3(1) (r), 3(1)(s) and 3(2)(va) of SC/ST Act, 2015 whereby the trial

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[2026:RJ-JP:12410] (2 of 3) [CRLAS-171/2026] court has dismissed the bail application filed on behalf of the

appellant.

2. Heard the learned counsel for the appellant and learned

Public Prosecutor and perused the material on record.

3. None appears on behalf of the complainant despite service.

4. Learned counsel for the appellant submits that the appellant has falsely been implicated in this case. He again submits that the appellant has not been named in the FIR. It is further submitted that the appellant did not actively participate in the murder of the deceased Kartik and no fatal injury to the deceased has been attributed to the present petitioner. According to the prosecution, the appellant’s role was limited to performing reconnaissance (recce) along with co-accused Deepak Prajapat, who has been enlarged on bail by the Co-ordinate Bench of this Court vide order dated 16.01.2026. The other co-accused Tejsingh and Rohit who have been named in the FIR got benefit of bail by Co-ordinate Bench of this Court vide orders dated 28.07.2025 and 23.09.2025 respectively. The appellant is in custody since 28.07.2025. 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

appellants under Section 14-A of SC/ST Act.

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[2026:RJ-JP:12410] (3 of 3) [CRLAS-171/2026] 7. Accordingly, this criminal appeal filed under Section 14-A of SC/ST Act is allowed and order dated 06.11.2025 passed by the learned trial court is set aside. It is directed that appellant- Shivshankar Urf Shiva Nagar S/o Prabhudayal, 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/111

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