HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
ANIL KUMAR UPMAN
URN: CRLAS / 1226U / 2026
CRLAS / 641 / 2026
##PAGE1##
[2026:RJ-JP:13221]
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Appeal (Sb) No. 641/2026
Jatin @ Lucky S/o Shri Mahendra Singh, Aged About 21 Years, Ward No. 05, Town Chirawa, Khatiko Ka Mohalla, Police Station Chirawa, Distt.-Jhunjhunu. (At Present Confined In District Jail
Jhunjhunu.) ----Appellant
Versus
1. State Of Rajasthan, Through Publci Prosecutor
2. Sachin Solanki S/o Babulal, R/o Khatikan Mohalla, W. N.
5, Chirawa, Distt.- Jhunjhunu (Raj).
----Respondents
For Appellant(s) : Ms. Meeta Pareek For Respondent(s) : Mr. Shri Ram Dhakar, PP
For Complainant(s) : Mr. Hemant Sharma
HON'BLE MR. JUSTICE ANIL KUMAR UPMAN
Order
30/03/2026
1. The instant appeal has been filed under Section 14A(2) SC/ST (Prevention of Atrocities) Act being aggrieved of the order dated 19.03.2026 passed by the learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Jhunjhunu in Bail Application No. 82/2026 rejecting the bail application preferred on behalf of the appellant, who is in custody in connection with FIR No.198/2025 registered at Police Station Chirawa, District Jhunjhunu for the offences punishable under Sections 115(2), 3(5) & 126(2) of the Bharatiya Nyaya Sanhita, (in short ‘BNS’) 2023 and Sections 3(1) (r), 3(2)(va) & 3(1)(s) of SC/ST (Prevention of Atrocities) Act,
1989 (Amendment 2015).
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##PAGE2##[2026:RJ-JP:13221] (2 of 3) [CRLAS-641/2026] 2. It is contended by learned counsel for the appellant that appellant has falsely been implicated in this case. Counsel submits that except offences punishable under the provisions of Atrocities Act, all the offences are bailable in nature however, during the course of investigation, offence punishable under section 110 of BNS (Corresponding to Section 308 of IPC) has been added which is a non-bailable offence. It is submitted that other co-accused persons namely Rahul Sankhla & Kunal Samariya have already been granted benefit of bail by this Court. Counsel submits that there are no criminal antecedents against the appellant and trial will take considerable time in its conclusion. Counsel submits that appellant is in custody since 18.03.2026 and further custody of
the appellant would not serve any fruitful purpose.
3. Per contra, learned Public Prosecutor assisted by learned counsel for the complainant vehemently opposes the prayer of bail
made in this appeal.
4. Heard learned counsel for the appellant and learned Public
Prosecutor. Perused the material available on record.
5. Having regard to the totality of the facts and circumstances; considering the arguments advanced by learned counsel for the parties, especially considering the material available on record, as also considering the fact that aforementioned co-accused persons have already been granted benefit of bail by this Court and trial will take considerable time in its conclusion as well as looking to the period of custody, but without expressing any opinion on merits/demerits of this case, this Court deems it just and proper
to enlarge the appellant on bail.
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##PAGE3##[2026:RJ-JP:13221] (3 of 3) [CRLAS-641/2026] 6. Consequently, the instant appeal is allowed. The impugned order dated 19.03.2026 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Jhunjhunu in Bail Application No.82/2026 is set aside. It is ordered that the accused-appellant Jatin @ Lucky S/o Shri Mahendra Singh arrested in connection with FIR No.198/2025 registered at Police Station Chirawa, District Jhunjhunu, shall be released on bail, provided he furnishes a personal bond of Rs.1,00,000/- and two sureties of Rs.50,000/- each to the satisfaction of the learned trial Court with the stipulation to appear before that Court on all dates of hearing and
as and when called upon to do so.
7. It is made clear that the accused-appellant shall surrender his passport, if any, before the
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