[2025:RJ-JP:21084] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Appeal No. 925/2025 Moseen Ali S/o Najakat Ali, Aged About 20 Years, Resident Of Gali Number 2, Near Chopra School Dadwada Kota Thana Bheemganj Mandi, Kota (Raj.) (Presently Confined To Central Jail Kota) ----Appellant Versus 1. State Of Rajasthan, Through Its Public Prosecutor 2. Kapil Sarshiya S/o Mukesh, R/o Meet Market, Machish Factory Bhimganj Mandi Kota City Rajasthan India ----Respondents For Appellant(s) : Mr. Deepak Pareek For Respondent(s) : Mr. Rajendra Singh Shekhawat, PP HON'BLE MR. JUSTICE PRAMIL KUMAR MATHUR Order 19/05/2025 1. This criminal appeal under Section 14-A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter to be referred as 'the SC/ST Act’) has been filed on behalf of the appellant being aggrieved with the order dated 01.04.2025 passed by the learned Special Judge S.C./S.T. (Prevention of Atrocities Cases), Kota (hereinafter to be referred as ‘trial court’) in FIR No.0071/2025 registered at Police Station-Bhimganj Mandi, District-Kota City for offences under Sections 115(2), 126(2), 3(5) of BNS, Section 3(2)(va) of the SC/ST Act, whereby the trial court has dismissed the bail application filed on behalf of the appellant. 2. Heard learned counsel for the appellant as well as learned Public Prosecutor and perused the material available on record. 3. Learned counsel for the appellant submits that the appellant has falsely been implicated in this case. No recovery of any [2025:RJ-JP:21084] (2 of 2) [CRLAS-925/2025] weapon has been affected from the possession of the present petitioner. He further submits that the allegation of causing injury is attributed to the co-accused-Arbaz Khan, from whom a knife was recovered. The so called injury caused to the injured are simple in nature. Charge-sheet has been filed. The appellant is behind the Bar since 26.03.2025. The trial of the case may take considerable time, hence the appeal of the appellant may be allowed. 4. Learned Public Prosecutor has vehemently opposed the bail appeal. 5. Considering the facts and circumstances of the case and without commenting anything on the merits/demerits of the case, I deem it just and proper to allow the appeal filed by the appellant under Section 14- A(2) of SC/ST Act. 6. Accordingly, this criminal appeal filed under Section 14-A(2) of SC/ST Act is allowed and order dated 01.04.2025 passed by the learned trial court is set aside. It is directed that appellant- Moseen Ali S/o Najakat Ali shall be released on bail provided he executes a personal bond in a sum of Rs.50,000/- with two sound and solvent sureties of Rs.25,000/- 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. (PRAMIL KUMAR MATHUR),J sunita/327