[2025:RJ-JP:20468] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Appeal (Sb) No. 1142/2025 Balram S/o Sh. Kailash, Resident Of Baharawanda Kalan, District Sawai Madhopur Rajasthan (At Present Confined In District Jail Sawai Madhopur) ----Appellant Versus 1. State Of Rajasthan, Through PP 2. Gabbar Singh S/o Sh. Ramkorya, R/o Bichpuri Mishran Baharawanda Kalan, Tehsil Khandar District Sawai Madhopur Rajasthan ----Respondents For Appellant(s) : Mr. Manvendra Singh choudhary with Mr. S.K. Lamba, Mr. Himanshu & Mr. Vishal Kumar For Respondent(s) For Complainant(s) : : Mr. N.S. Dhakar, PP Mr. Babu Lal Bairwa HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 15/05/2025 1. The instant appeal has been filed under Section 14A(2) 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, Sawai Madhopur (Raj) in Second Bail Application No.65/2025 rejecting the bail application preferred on behalf of the appellant, who is in custody in connection with FIR No.100/2024 registered at Police Station Bharawanda Kalan, District Sawai Madhopur (Rajasthan) for the offences punishable under Sections 189(2), 115(2), 126(2), 329(3), 352 & 351(2) of Bharatiya Nyaya Sanhita, (in short ‘BNS’) 2023 and Sections 3(1) [2025:RJ-JP:20468] (2 of 4) [CRLAS-1142/2025] (r), 3(1)(s), 3(1)(g) & 3(2)(va) of SC/ST (Prevention of Atrocities) Act, 1989 (Amendment 2015). After completion of investigation, police filed charge-sheet in this matter for the offences punishable under Sections 115(2), 126(2), 329(3), 352, 351(2), 117(2), 118(2), 109(1), 191(2), 190 & 191(3) of BNS, 2023 and Sections 3(1)(r), 3(1)(s), 3(1)(g), 3(2)(v) & 3(2)(va) of SC/ST (Prevention of Atrocities) Act, 1989 (Amendment 2015). 2. It is contended by learned counsel for the appellant that appellant has falsely been implicated in this case. It is submitted that cross-cases have been registered between the parties and both the sides have sustained injuries. Counsel submits that appellant himself sustained injury on his head. It is submitted that there is no allegation against the appellant of causing injury on vital parts of the injured persons and omnibus allegations have been levelled against him. There are no criminal antecedents against the appellant and trial will take considerable time in its conclusion. Appellant is in custody since 08.02.2025 and further custody of the appellant would not serve any fruitful purpose. 3. Per contra, learned Public Prosecutor assisted by learned counsel for the complainant vehemently opposes the prayer of bail made in this appeal. Counsel for the complainant submits that there are two injured persons in this case and both have sustained grievous injuries. It is further submitted that injured- Prahlad has sustained injuries on his nose and eyes. 4. At this stage, learned counsel for the appellant submits that both the injured persons have already been discharged from the hospital which is evident from the impugned order. [2025:RJ-JP:20468] (3 of 4) [CRLAS-1142/2025] 5. Heard learned counsel for the appellant, learned Public Prosecutor and counsel for the complainant. Perused the material available on record. 6. 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 cross-cases have been registered between the parties and both sides have sustained injuries, there are no criminal antecedents against the appellant and trial will take considerable time in its conclusion as well as looking to the 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. 7. Consequently, the instant appeal is allowed. The impugned order dated 25.04.2025 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Sawai Madhopur (Raj) in Second Bail Application No.65/2025 is set aside. It is ordered that the accused-appellant Balram S/o Sh. Kailash arrested in connection with FIR No.100/2024 registered at Police Station Bharawanda Kalan, District Sawai Madhopur (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. 8. However, it is made clear that the appellant shall not involve in similar offence(s) during currency of bail granted by this Court. The appellant is further directed to mark his presence in the [2025:RJ-JP:20468] (4 of 4) [CRLAS-1142/2025] concerned police station once in every three months, till trial is concluded. 9. Concerned SHO is directed to maintain a register recording the attendance of the appellant, as directed above. In case the appellant fails to mark his presence in the concerned police station, as directed above, the concerned SHO is directed to immediately report the matter to the concerned Court in this regard. 10. If breach of any of these conditions is reported or come to the notice of the Court, same shall alone be a reason for the trial Court to cancel the bail granted to the appellant by this Court. 11. The observation made herein above is only for decision of the instant appeal (bail) and would not have any impact on the trial of the case in any manner. (ANIL KUMAR UPMAN),J LALIT MOHAN /35