[2025:RJ-JP:28246] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Appeal (Sb) No. 697/2025 Tejsingh Urf Teja S/O Bhairusingh, Aged About 21 Years, R/o Charighat Road Lanka Colony Baran Ps Baran Kotwali District Baran (presently 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. Amit Punia, PP HON'BLE MR. JUSTICE GANESH RAM MEENA Order 28/07/2025 1. This criminal appeal has been filed by the accused-appellant u/S 14(A) of the SC/ST (Prevention of Atrocities) Act assailing the order dated 07.03.2025, passed by the Special Judge, SC/ST (Prevention of Atrocity) Cases, Baran in criminal misc. application No. 80/2025, filed by the accused-appellant u/S 483 BNSS in connection with FIR No. 23/2024, registered at Police Station Kotwali Baran, District Baran for offences u/S 307, 323, 341, 504, 147, 148, 149 & 384 IPC and Section 3(1)(r), 3(1)(s) & 3(2)(va) of SC/ST (Prevention of Atrocities) Act, whereby the application filed by the accused-appellant was dismissed. 2. Learned Public Prosecutor submits that the complainant/victim has already been intimated about the filing [2025:RJ-JP:28246] (2 of 3) [CRLAS-697/2025] and hearing of this criminal appeal through the SHO of concerned police station. 3. Learned counsel for the appellant submits that the material witness Rambabu-PW-1 has been examined before the trial Court and the fatal injury which is the cause of death is not attributed to the appellant. He further submits that co-accused Rohit @ Bafla has already been enlarged on bail by this Court vide order dated 23.09.2024 and the case of the present appellant is in no manner distinguishable from the case of co-accused Rohit @ Bafla. Counsel also submits that the accused appellant is in custody since 10.01.2024. 4. Learned Public Prosecutor, while opposing this criminal appeal and submits that presence of the accused appellant in the alleged offence is proved as per the CCTC footage. 5. Considered the submissions made at bar and also perused the material made available on record. 6. The cause of death of the deceased Kartik @ Pankaj is the injury on abdomen by the sharp object. On perusal of the evidence of the complainant witness Rambabu (PW-1), the said fatal injury has not been attributed to the accused appellant. One of the co-accused Rohit @ Bafla has already been enlarged on bail by this Court vide order dated 23.09.2024 and the case of the present accused appellant is in no manner distinguishable from the case of the co-accused Rohit @ Bafla. Parity is the prime subject of the criminal jurisprudence. 7. Having regard to the submissions made by counsel for the accused appellant and the fact that the case of the present accused appellant is in no manner distinguishable from the case of [2025:RJ-JP:28246] (3 of 3) [CRLAS-697/2025] co-accused Rohit @ Bafla who has already been enlarged on bail, this Court deems that the accused appellant deserves to be released on bail. 8. Accordingly, this criminal appeal filed under Section 14(A) of SC/ST Act is allowed and order dated 07.03.2025, passed by the Special Judge, SC/ST (Prevention of Atrocity) Cases, Baran in criminal misc. application No. 80/2025 is set aside. It is directed that appellant shall be released on bail in connection with FIR No.23/2024, registered at Police Station Kotwali Baran, District Baran, provided he executes a personal bond in a sum of Rs.1,00,000/-/- 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. (GANESH RAM MEENA),J GAURAV SRIVASTAVA /9