[2025:RJ-JP:29154] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Appeal (Sb) No. 1129/2025 Hitesh Yadav S/o Mahendra Singh, Aged About 28 Years, R/o Raikheda, Police Station Tijara District Khairthal Tijara Presently R/o 1/292, Transport Nagar, Alwar, Police Station N.e.b. District Alwar (Currently In Judical Custody At Central Jail, Alwar ) ----Appellant Versus 1. State Of Rajasthan, Through PP 2. Neeraj Tiwadi S/o Mahesh Chand, R/o Robada Ka Kua, Ramnagar, Colony 60 Feet Road, N.e.b. Alwar ----Respondents For Appellant(s) : Mr. Jyoti Kumar Saini with Mr. Arpan Kumar Sharma For Respondent(s) For Complainant(s) : : Mr. N.S. Dhakar, PP Mr. Ankit Sharma HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 31/07/2025 1. The instant appeal has been filed under Section 14(2)(A) SC/ST (Prevention of Atrocities) Act being aggrieved of the order dated 25.04.2025 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Alwar, District Alwar in Bail Application No.112/2025 rejecting the bail application preferred on behalf of the appellant, who is in custody in connection with FIR No.14/2025 registered at Police Station Shivaji Park, District Alwar (Rajasthan) for the offences punishable under Sections 115(2), 126(2), 189(2), 352 & 304(2) of BNS. During investigating, offences punishable under Sections 115(2), 126(2), 189(2), [2025:RJ-JP:29154] (2 of 3) [CRLAS-1129/2025] 117(2), 109, 352 & 304(2) of BNS and Sections 3(1)(s) & 3(2) (va) of SC/ST Act. 2. It is contended by learned counsel for the appellant that appellant has falsely been implicated in this case. Counsel submits that alleged incident took place in the spur of moment. Counsel submits that grievous injuries sustained to the injured is on the non-vital part of the body. Counsel submits that there are no criminal antecedents of the petitioner. Counsel further submits that charge-sheet has been filed in this matter. Appellant is in custody since 21.04.2025 and trial will take considerable time in its conclusion. Further custody of the appellant would not serve any fruitful purpose. 3. Per contra, learned Public Prosecutor as well as learned counsel for the complainant vehemently opposes the prayer of bail made in this appeal. 4. Heard learned counsel for the appellant, learned Public Prosecutor and learned counsel for the complainant. Perused the material available on record. 5. Having regard to the totality of the facts and circumstances; considering the arguments advanced by learned counsel for the parties, as also the fact that grievous injuries sustained to the injured are on non-vital part of the body; charge-sheet has been filed in this matter; absence of criminal antecedents of the appellant; period of custody, but without expressing any opinion on merits/demerits of this case, this Court deems it just and proper to enlarge the appellant on bail. [2025:RJ-JP:29154] (3 of 3) [CRLAS-1129/2025] 6. Consequently, the instant appeal is allowed. The impugned order dated 25.04.2025 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Alwar, District Alwar in Bail Application No.112/2025 is set aside. It is ordered that the accused-appellant Hitesh Yadav S/o Mahendra Singh arrested in connection with FIR No.14/2025 registered at Police Station Shivaji Park, District Alwar (Rajasthan), shall be released on bail, if not wanted in any other case, provided he furnishes 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. 7. The observation made hereinabove is only for decision of the instant appeal and would not have any impact on the trial of the case in any manner. (ANIL KUMAR UPMAN),J LALIT MOHAN /397