[2025:RJ-JP:15138] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Appeal (Sb) No. 808/2025 Vinod Son Of Rajendra, Aged About 34 Years, Resident Of Mandlana Police Station Sadar Narnaul District Mahendragarh Hariyana Presently Manager Opy Brick Klin Meghpur (Presently Confined In District Jail Jhunjhunu) ----Appellant Versus 1. State Of Rajasthan, Through The Public Prosecutor ----Respondent 2. Chiman Lal S/o Shri Mool Chand, Aged About 31 Years, R/o Dhani Guman Singh Ki Kotdi Thana Khandela District Sikar (Rajasthan) ---Respondent/Complainant For Appellant(s) : Mr. Prem Chand Dewanda with Mr. Abhishek Singh Dewanda Mr. Rahul Singh For Respondent(s) : Mr. Shriram Dhakad, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 03/04/2025 1. The instant appeal has been filed under Section 14A(2) SC/ST (Prevention of Atrocities) Act being aggrieved of the order dated 24.03.2025 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Jhunjhunu (Raj) in Bail Application No.77/2025 rejecting the bail application preferred on behalf of the appellant, who is in custody in connection with FIR No.16/2025 registered at Police Station Pacherikalan, District Jhunjhunu for the offences under Sections 115(2), 126(2), 127(2), 303(2), 140(3) & 3(5) of BNS and Sections 3(1)(s), 3(1) (r) & 3(2)(va) of SC/ST Act. Later on, police filed charge-sheet for [2025:RJ-JP:15138] (2 of 3) [CRLAS-808/2025] the offences punishable under Sections 115(2), 126(2), 127(2), 140(3) & 3(5) of BNS and Sections 3(1)(s), 3(1)(r) & 3(2)(va) of SC/ST Act. 2. It is contended by learned counsel for the appellant that appellant has falsely been implicated in this case. Counsel submits that appellant is working in a brick kiln namely O.P.Y. Brick Udhyog, Meghpur. It is submitted that as a matter of fact, a dispute arose between the brick kiln’s owner and complainant when bricks in excess to the bills, were found with the complainant. It is submitted that in order to implicate the appellant in criminal case, false and frivolous allegations have been levelled against the appellant. It is contended that injuries sustained to the injured are simple in nature. It is contended that there are no criminal antecedents of appellant and he is in custody since 22.01.2025. Further custody of the appellant would not serve any fruitful purpose. Charge-sheet has been filed and trial will take considerable time in its conclusion. 3. Per contra, learned Public Prosecutor opposes the prayer of bail made in this appeal. He submits that despite information, none has put in appearance on behalf of the victim/complainant to oppose 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 appellant, as also the material available on record in the form of case diary; absence of criminal antecedents of the appellant; [2025:RJ-JP:15138] (3 of 3) [CRLAS-808/2025] looking 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 appellant on bail. 6. Consequently, the instant appeal is allowed. The impugned order dated 24.03.2025 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Jhunjhunu (Raj) in Bail Application No.77/2025 is set aside. It is ordered that the accused-appellant- Vinod Son Of Rajendra, arrested in connection with FIR No.16/2025 registered at Police Station Pacherikalan, District Jhunjhunu, shall be released on bail, if not wanted in any other case, provided he 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. 7. The observation made hereinabove 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 CHARU SONI /333