[2025:RJ-JP:16918] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Appeal (Sb) No. 910/2025 Narendra Singh Son Of Shri Chandrasingh, Aged About 48 Years, Resident Of Foladpur Police Station Shahjahanpur District Kotputli Behror (Rajasthan) (At Present In Central Jail Jaipur) ----Appellant Versus 1. State Of Rajasthan, Through PP 2. Gopal Son Of Heeralal, Resident Of Khatiko Ka Mohalla, Thanagazi District Alwar (Rajasthan) ----Respondents For Appellant(s) : Mr. Surendra Singh Sunda For Respondent(s) : Mr. Shriram Dhakad, PP Mr. Anil Agarwal, for complainant HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 22/04/2025 1. This instant appeal has been filed under Section 14(2)(A) SC/ST (Prevention of Atrocities) Act being aggrieved of the order dated 04.04.2025 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Alwar in Bail Application No.86/2025 (CIS No.75/2025) rejecting the bail application preferred on behalf of the appellant, who is in custody in connection with FIR No.246/2024 registered at Police Station Behror Sadar, District Kotputli-Behror for the offences under Sections 103(1) & 238(a) of BNS. Charge-sheet has been filed for offences punishable under Sections 103(1), 238(a), 138 & 127(2) of BNS and Section 3(2)(v) of SC/ST Act. 2. First bail (appeal) filed on behalf of the appellant was dismissed as withdrawn with liberty to renew the prayer of bail after recording testimony of material witnesses. [2025:RJ-JP:16918] (2 of 3) [CRLAS-910/2025] 3. It is contended by learned counsel for the appellant that appellant has falsely been implicated in this case. It is contended that bail application was filed by the appellant but the same was dismissed vide order dated 04.04.2025. It is submitted that material witnesses including complainant and family members of the deceased have been examined during the course of trial. They have not supported the prosecution case and have been declared hostile by the prosecution. Learned counsel contends that wife of the deceased has also been examined and she has been declared hostile by the prosecution. It is contended that initially, appellant was implicated in this case on the basis of last seen evidence but now, all the witnesses of the last seen have been examined and they have not supported the prosecution case. Learned counsel argues that appellant has no criminal antecedents and he is in custody since 30.08.2024. Further custody of the appellant would not serve any fruitful purpose. Charge-sheet has been filed and trial will take time in its conclusion. 4. Per contra, learned Public Prosecutor oppose the prayer of bail made in this appeal. He submits that prosecution case is based on circumstantial evidence and all the witnesses are not eye witnesses. 5. Learned counsel appearing for the complainant does not oppose this appeal and he has no objection if this appeal is allowed. 6. Heard. Perused the material available on record. 7. Having regard to the totality of the facts and circumstances; considering the arguments advanced by learned counsel for the [2025:RJ-JP:16918] (3 of 3) [CRLAS-910/2025] parties and the material available on record as also considering the fact that all the witnesses including brother, sister and wife of deceased have not supported prosecution case and they have been declared hostile; appellant has no criminal antecedents and he is in custody since 30.08.2024, but without expressing any opinion on merits/demerits of this case, this Court deems it just and proper to enlarge the appellant on bail. 8. Consequently, this instant appeal is allowed. The impugned order dated 04.04.2025 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Alwar is set aside. It is ordered that the accused-appellant Narendra Singh Son Of Shri Chandrasingh, arrested in connection with aforesaid FIR No.246/2024 registered at Police Station Behror Sadar, District Kotputli-Behror, shall be released on bail, if not wanted in any other case, provided he shall furnish 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. 9. The observation made herein above is only for decision of the appeal and would not have any impact on the trial of the case in any manner. (ANIL KUMAR UPMAN),J CHARU SONI /51