[2025:RJ-JP:26808] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Appeal (Sb) No. 933/2025 Sagar Mal Swami S/o Shree Nandlal Swami, Aged About 30 Years, R/o Swamiyon Ki Dhani Tan Khumbhpuriya Police Station Govindgarh District Jaipur (At Present In Central Jail, Jaipur) ----Appellant Versus 1. State Of Rajasthan, Through P.p. 2. Victim W/o Banwari Lal Sokariya aged about 32 years R/o Hanutiya Kalan Police Station Phagi District Jaipur at present Regaro Ka Mohalla udaipuriya Police Station Samod, District Jaipur ----Respondents For Appellant(s) : Mr. Javed Mohd. Khan For Respondent(s) For Complainant : : Mr. Jaiprakash Tiwari, PP None present HON'BLE MR. JUSTICE PRAMIL KUMAR MATHUR Order 17/07/2025 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 04.04.2025 passed by the learned Special Judge S.C./S.T. (Prevention of Atrocities Cases), Jaipur District Jaipur (hereinafter to be referred as ‘trial court’) in FIR No.70/2025 registered at Police Station-Samod, District-Jaipur Rural for offences under Sections 318(4), 316(2), 351(2), 351(3) of BNS and Section 3(2) (va) of the SC/ST Act, whereby the trial court has dismissed the bail application filed on behalf of the appellant. [2025:RJ-JP:26808] (2 of 3) [CRLAS-933/2025] 2. Heard learned counsel for the appellant as well as learned Public Prosecutor and perused the material available on record. 3. No one appears for the complainant despite service. 4. Learned counsel for the appellant submits that the appellant has falsely been implicated in this case. He further submits that the allegation against the present appellant is that he has induced the victim by making promise to marry her and taken her ornaments and cash amount and inspite of demanding return for the same, he has not returned the said articles. Appellant is behind the bars since 20.03.2025. Charge-sheet has been filed and the case is triable by Magistrate. The trial of the case may take considerable time, hence the appeal of the appellant may be allowed. 5. Learned Public Prosecutor has vehemently opposed the bail appeal and submitted that 13 criminal cases are pending against the appellant, therefore, in view of the criminal background appellant is not entitled for bail. 6. 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. 7. Accordingly, this criminal appeal filed under Section 14-A(2) of SC/ST Act is allowed and order dated 04.04.2025 passed by the learned trial court is set aside. It is directed that appellant-Sagar Mal Swami S/o Shree Nandlal Swami 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 [2025:RJ-JP:26808] (3 of 3) [CRLAS-933/2025] court on each and every date of hearing and whenever called upon to do so till the completion of the trial. 7. It is also made clear that in the event the appellant is found to be indulge in any type of offence in the future then State shall be at liberty to move an appeal for cancellation of bail. (PRAMIL KUMAR MATHUR),J Arun/346