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2026 Supreme(Online)(Raj) 11836

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
Ganesh Ram Meena, J
Bhajanlal – Appellant
Versus
State Of Rajasthan – Respondent
S.B. Criminal Appeal (Sb) No. 377/2026



Advocates:
For the Appellants/Petitioners: Harshita Sharma, Swadha Bhargava, Mahesh Sharma
For the Respondents: Shree Ram Dhakad

Bail may be granted under the SC/ST Act when the medical evidence indicates that the injuries inflicted were simple in nature and the investigation has concluded with the filing of the charge-sheet.

Headnote:(A) Bail - SC/ST Act - Grant of bail - Where the injuries attributed to the accused are opined to be simple in nature and the investigation is complete with the charge-sheet already submitted, the accused is entitled to the benefit of bail. (Para 6)

Issues: Whether the appellant is entitled to bail given the nature of injuries and the completion of the investigation.

Order

1. This criminal appeal under Section 14A(2) 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 10.02.2026 passed by the learned Special Judge SC/ST (Prevention of Atrocities) Cases, Alwar (hereinafter to be referred as ‘trial Court’) in Bail Application No.39/2026, whereby the bail application filed on behalf of the appellant in connection with FIR No.06/2026 registered at Police Station Harsora, District Kotputli- Behror for offences under Sections 110 , 115(2), 126(2), 189(2), 303(2), 333, 324(4), 351(2) & 352 of BNS, 2023 and Section 3(2) (va) SC/ST Act IPC was rejected.

2. Learned counsel for the appellant submits that as per the contents of the FIR, the allegations against the accused-appellant is of inflicting injury on the head of injured-Gurudayal by an iron rod. She further submits that the injury which has been attributed to the accused-appellant has been opined to be simple in nature. She also submits that the accused-appellant is in custody since 31.01.2026 and the Police after completion of investigation has already submitted charge-sheet in the matter.

3. Learned Public Prosecutor vehemently opposed the appeal and states that the complainant/victim has already been informed by the concerned Police Station as regard filing and hearing of this appeal.

4. Learned Public Prosecutor also submits that as per the contents of the FIR, there is active involvement of the accused- appellant in the alleged incident and he has inflicted injury on the head of the injured-Gurudayal.

5. Considered the submissions made by counsel for the appellant as well as learned Public Prosecutor and also perused the challan papers.

6. As per the FIR, the allegations against the accused-appellant is of inflicting injury by an iron rod on the head of the injured- Gurudayal. As per the medical report and opinion of the Medical Jurist, the injured-Gurudayal is said to have sustained as many as eight injuries however, the injuries on the head were opined to be simple in nature as the X-ray report of skull of the injured- Gurudayal does not show any bony injury. The accused-appellant is in custody since 31.01.2026 and the Police after completion of investigation has already submitted charge-sheet in the matter and in these circumstances the Court feels that the accused- appellant deserves to be allowed the benefit of bail.

7. Having regard to the discussions made above, the Court without expressing any opinion of the merits or demerits of the case, deems just and proper to allow the appeal filed by the accused-appellant.

8. Accordingly, this criminal appeal filed under Section 14-A(2) of SC/ST Act is allowed and order dated 10.02.2026 passed by the learned Special Judge SC/ST (Prevention of Atrocities) Cases, Alwar is set aside. It is directed that accused-appellant named above shall be released on bail provided he executes a personal bond in a sum of Rs.1,00,000/- together with two sound and solvent sureties of Rs.50,000/- 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.

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