[2025:RJ-JP:18250] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Appeal No. 900/2025 1. Vijay Son Of Dhannaram, Resident Of Kodesar Police Station Bisau District Jhunjhunu.(At Present In District Jail Sikar) 2. Kapil Son Of Indraj, Resident Of Kodesar Police Station Bisau District Jhunjhunu.(At Present In District Jail Sikar) 3. Manoj Son Of Pratap Singh, Resident Of Kodesar Police Station Bisau District Jhunjhunu.(At Present In District Jail Sikar) ----Appellants Versus 1. State of Rajasthan, Through The PP 2. Mukesh Son of Suresh Kumar, Resident of Jugal Petrol Pump Ke Pass, Kasba Ramgarh Sethan District Sikar. ----Respondents For Appellant(s) : Mr. Harendra Singh, Adv. with Mr. Shivam Sharma, Adv. For Respondent(s) : Mr. Vivek Sharma, Add.GA Mr. Hansraj Kuldeep, Adv. Ms. Sona Rav, Adv. Mr. Prmod Jagarwal, Adv. HON'BLE MR. JUSTICE ASHUTOSH KUMAR Order 30/04/2025 1. The instant appeal has been filed under Section 14-A of Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short 'SC/ST Act') being aggrieved of the order dated 02.04.2025 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Sikar (Raj.) in Criminal Misc. Bail Application CIS No.223/2025 rejecting the bail application preferred on behalf of the accused-appellants, who are in custody in connection with FIR No.17/2025 registered at Police Station Ramgarh Sethan, District Sikar for the offences punishable under Sections 189(2), 115(2), 126(2), 324(5), 109(1) and 140(3) of BNS, 2023. After completion of the investigation, charge-sheet [2025:RJ-JP:18250] (2 of 3) [CRLAS-900/2025] has been filed for the offences punishable under Sections 115(2), 126(2), 324(5), 140(3) & 117(4) of BNS, 2023 & Sections 3(1)(r), 3(1)(s) and 3(2)(va) of SC/ST Act against the accused-appellants. 2. Learned counsel for the accused-appellants submits that accused-appellants have falsely been implicated in this matter. Learned counsel argues that charges levelled against the accused- appellants are for the offences punishable under Sections 115(2), 126(2), 324(5), 140(3) & 117(4) of BNS, 2023 & Sections 3(1)(r), 3(1)(s) and 3(2)(va) of SC/ST Act. Learned counsel also argues that in this matter grievous injuries have been found on the body of injured Mahendra and Mukesh, but none of the injury was found on the vital part of the body of either of the injured. Learned counsel contends that there is no specific allegation against any of the accused-appellants, causing injury to the injured persons. Learned counsel also contends that trial will take long time to conclude. Learned counsel also submits that the accused- appellants were arrested on 02.04.2025 and since then, they are behind the bars and there is no other criminal case registered against the accused-appellants. Learned counsel further submits that for the same incident, a cross-FIR has also been lodged by the Indraraj on behalf of the accused-appellants, therefore, the accused-appellants be enlarged on bail. 3. On the other hand, learned Public Prosecutor as well as learned counsel for the complainant vehemently oppose the appeal and submits that due to seriousness of charges levelled against the accused-appellants, appeal filed by the accused- appellants should be dismissed. [2025:RJ-JP:18250] (3 of 3) [CRLAS-900/2025] 4. Heard learned counsel for the parties and perused the case diary. 5. Having regard to the facts and circumstances of the case and considering the fact that charges levelled against the accused- appellants are for the offences punishable under Sections 115(2), 126(2), 324(5), 140(3) & 117(4) of BNS, 2023 & Sections 3(1)(r), 3(1)(s) and 3(2)(va) of SC/ST Act and the fact that there is no specific allegation against any of the accused-appellants causing injury to the injured persons as well as considering the fact that accused-appellants are behind the bars since 02.04.2025 and trial will take long time to conclude, but without expressing any opinion on the merits/demerits of the case, this Court deems it proper to allow the appeal filed by the accused-appellants. 6. Consequently, this appeal is allowed. The impugned order dated 02.04.2025 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Sikar (Raj.) is set aside. It is ordered that accused-appellants namely; 1. Vijay Son Of Dhannaram, 2. Kapil Son Of Indraj & 3. Manoj Son Of Pratap Singh, arrested in connection with FIR No. 17/2025 regis- tered at Police Station Ramgarh Sethan, District Sikar shall be re- leased on bail; provided each of them furnishes personal bond in the sum of Rs.50,000/- and two solvent sureties of Rs.25,000/- each to the satisfaction of the learned trial Court. 7. The Accused-Appellants shall be required to appear before that Court on all dates of hearing and as and when called upon to do so. (ASHUTOSH KUMAR),J Mohita /348