[2025:RJ-JP:22847] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Appeal (Sb) No. 1161/2025 Dashrath Singh Son Of Laxmansingh, Aged About 35 Years, Resident Of Makodiya PS Gangdhar District Jhalawar At Present In District Jail Jhalawar ----Appellant Versus 1. State Of Rajasthan, Through The PP 2. Dinesh Lal Meghwal Son Of Lalu Ji, Resident Of Makodiya Police Station Gangdhar District Jhalawar ----Respondents For Appellant(s) : Mr. Harendra Singh Sinsinwar For Respondent(s) : Mr. N.S. Dhakar, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 30/05/2025 1. This instant appeal has been filed under Section 14(2)(A) SC/ST (Prevention of Atrocities) Act being aggrieved of the order dated 17.04.2025 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Jhalawar in Bail Application No.94/2025 rejecting the bail application preferred on behalf of the appellant, who is in custody in connection with FIR No.202/2024 registered at Police Station Gangdhar, District Jhalawar for the offences under Sections 189(2), 126(2) & 109(1) of BNS and Section 3(2)(v) of SC/ST Act. Later on, police filed charge-sheet for the offences punishable under Sections 126(2), 115(2), 118(1), 118(2), 3(5) & 109(1) of BNS and Section 3(2)(v) of SC/ST Act. [2025:RJ-JP:22847] (2 of 3) [CRLAS-1161/2025] 2. Earlier appeal was refused with liberty to renew the prayer of bail after recording testimony of injured as well as medical expert who prepared the MLC. Both witnesses have been examined during the course of trial, therefore, bail application was preferred by the appellant before learned trial court but same was dismissed vide order dated 17.04.2025. 3. It is contended by learned counsel for the appellant that appellant has falsely been implicated in this case. It is contended that except one injury, all injuries have been opined as simple in nature. It is submitted that as per CT scan report, injury No.2 has been opined as dangerous to life as there is linear non displaced fracture of left parietal bone with extra cranial soft tissue edema. Learned counsel argues that other co-accused persons have been granted benefit of bail by this Court. It is argued that appellant is in custody since 11.09.2024. 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. 5. Despite information, none has put in appearance on behalf of the victim/complainant/informant to oppose this appeal. 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 appellant as also considering the material made available on record in the form of charge-sheet including testimony of injured as well as doctor and the fact that other co-accused persons have [2025:RJ-JP:22847] (3 of 3) [CRLAS-1161/2025] been granted bail by this Court as well as 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. 8. Consequently, this instant appeal is allowed. The impugned order dated 17.04.2025 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Jhalawar is set aside. It is ordered that the accused-appellant Dashrath Singh Son Of Laxmansingh, arrested in connection with aforesaid FIR No.202/2024 registered at Police Station Gangdhar, District Jhalawar, 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 hereinabove is only for decision of the instant appeal (bail) and shall not have any impact on the trial of the case in any manner. (ANIL KUMAR UPMAN),J CHARU SONI /62