[2025:RJ-JP:14664] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Appeal (Sb) No. 688/2025 1. Farman Urf Kalia S/o Firoz, Aged About 19 Years, R/o Joshi Coloni Police Thana Chhabra District Baran (At Present Confined At District Jail Baran) 2. Injman @ Chhota Bhayya S/o Abid Khan, Aged About 19 Years, R/o Joshi Coloni Police Thana Chhabra District Baran (At Present Confined At District Jail Baran) ----Appellants Versus 1. State Of Rajasthan, Through PP 2. Ankit Harijan S/o Purushottam, R/o Harijan Basti, Chhabra Thana Chhabra District Baran Rajasthan ----Respondents For Appellant(s) : Mr. Abdul Kalam Khan For Respondent(s) : Mr. Shriram Dhakad, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 01/04/2025 1. The instant appeal has been filed under Section 14A(2) SC/ST (Prevention of Atrocities) Act being aggrieved of the order dated 06.03.2025 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Baran (Raj) in Bail Application No.79/2025 rejecting the bail application preferred on behalf of the appellants, who are in custody in connection with FIR No. 85/2025 registered at Police Station Chhabra, District Baran (Rajasthan) for the offences punishable under Sections 126(2), 115(2), 109(1) & 3(5) of Bharatiya Nyaya Sanhita, (in short ‘BNS’) 2023 and Sections 3(1)(r), 3(2)(v) & 3(2)(va) of SC/ST (Prevention of Atrocities) Act, 1989 (Amendment 2015). [2025:RJ-JP:14664] (2 of 4) [CRLAS-688/2025] 2. It is contended by learned counsel for the appellants that appellants have falsely been implicated in this case. Counsel submits that injuries sustained by the injured have been opined as simple in nature. Counsel submits that there are no criminal antecedents against the appellants and trial will take considerable time in its conclusion. Appellants are in custody since 01.03.2025 and further custody of the appellants would not serve any fruitful purpose. 3. Per contra, learned Public Prosecutor opposes the prayer of bail made in this appeal and submits that there is serious allegation against the appellants of causing sharp injuries on the person of the injured. It is submitted that five injuries have been found on the person of the injured out of which three injuries have been opined as sharp in nature. He further submits that victim/complainant of this case has duly been informed about hearing of this appeal (bail). 4. Despite information, no one has put in appearance on behalf of the victim/complainant to oppose the prayer of bail made in this appeal. 5. Heard learned counsel for the appellant and learned Public Prosecutor. Perused the material available on record. 6. Having regard to the totality of the facts and circumstances; considering the arguments advanced by learned counsel for the appellants, especially the fact that injuries sustained by the injured have been opined as simple in nature, so also considering the fact that there are no criminal antecedents against the appellants and trial will take considerable time in its conclusion as well as looking [2025:RJ-JP:14664] (3 of 4) [CRLAS-688/2025] to the custody period, but without expressing any opinion on merits/demerits of this case, this Court deems it just and proper to enlarge the appellants on bail. 7. 7. Consequently, the instant appeal is allowed. The impugned order dated 06.03.2025 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Baran (Raj) in Bail Application No.79/2025 is set aside. It is ordered that the accused-appellants- (1) Farman Urf Kalia S/o Firoz & (2) Injman @ Chhota Bhayya S/o Abid Khan arrested in connection with FIR No. 85/2025 registered at Police Station Chhabra, District Baran (Rajasthan), shall be released on bail, if not wanted in any other case, provided each of them furnishes a personal bond of Rs.50,000/- and two sureties of Rs.25,000/- 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. 8. However, it is made clear that the appellants shall not involve in similar offence(s) during currency of bail granted by this Court. The appellants are further directed to mark their presence in the concerned police station once in every three month, till trial is concluded. 9. Concerned SHO is directed to maintain a register recording the attendance of the appellants, as directed above. In case the appellants fail to mark their presence in the concerned police station, as directed above, the concerned SHO is directed to immediately report the matter to the concerned Court in this regard. [2025:RJ-JP:14664] (4 of 4) [CRLAS-688/2025] 10. If breach of any of these conditions is reported or come to the notice of the Court, the same shall alone be a reason for the trial Court to cancel the bail granted to the appellants by this Court. 11. The observation made herein above is only for decision of the instant appeal and would not have any impact on the trial of the case in any manner. (ANIL KUMAR UPMAN),J LALIT MOHAN /294