[2025:RJ-JP:29575] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Appeal (Sb) No. 1327/2025 1. Manoj Agarwal @ Mannu S/o Shri Chandraprakash Agarwal, Aged About 20 Years, R/o Near Malviya Medical Vikram Chowk Ps Kotwali Kota (Raj) (At Present Confined In Central Jail Kota) 2. Deepak Koli @ Baccha S/o Shri Purushottam Koli, Aged About 18 Years, R/o Near Sheshnagar Temple Fatehgadhi Rampura Ps Kotwali Kota (Raj) (At Present Confined In Central Jail Kota) ----Appellants Versus 1. State Of Rajasthan, Through Public Prosecutor 2. Rajkumar S/o Shri Trilok Chand, Aged About 19 Years, R/o Gulabwadi Kotwali Ps Kotwali District Kota City (Raj) ----Respondents For Appellant(s) : Mr. Samarth Sharma For Respondent(s) : Mr. N.S. Dhakar, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 31/07/2025 1. This instant appeal has been filed under Section 14A(2) SC/ST (Prevention of Atrocities) Act being aggrieved of the order dated 18.03.2025 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Kota in Bail Application (CIS) No.42/2025 rejecting the bail application preferred on behalf of the appellants, who are in custody in connection with FIR No.38/2025 registered at Police Station Kotwali, District Kota City for the offences under Sections 115(2), 126(2), 119(1), 3(5) & 109(1) of Bharatiya Nyaya Sanhita, (in short ‘BNS’) 2023 and [2025:RJ-JP:29575] (2 of 4) [CRLAS-1327/2025] Section 3(2)(v) 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 126(2), 115(2), 119(1), 109(1), 118(1) & 3(5) of Bharatiya Nyaya Sanhita, (in short ‘BNS’) 2023, Section 3(2)(v) of SC/ST (Prevention of Atrocities) Act, 1989 (Amendment 2015) & Section 4/25 of Arms Act against Appellant- Manoj Agarwal @ Mannu and for the offences punishable under Sections 126(2), 115(2), 119(1), 109(1), 118(1) & 3(5) of Bharatiya Nyaya Sanhita, (in short ‘BNS’) 2023 against Appellant- Deepak Koli @ Baccha. 2. It is contended by learned counsel for the appellants that appellants have falsely been implicated in this case. It is contended that all the injuries sustained by the injured have been opined as simple in nature. It is contended that trial will take considerable time in its conclusion. Counsel submits that appellants are in custody since 12.03.2025 and further custody of the appellants would not serve any fruitful purpose. 3. Per contra, learned Public Prosecutor opposes the prayer of bail made in this appeal. He submits that though injuries sustained by the injured have been opined as simple in nature, appellants are habitual offenders as several other cases have been registered against them. He further submits that victim/complainant of this case has duly been informed about hearing of this appeal. 4. Despite information, no one has put in appearance on behalf of the victim/complainant to oppose this appeal. [2025:RJ-JP:29575] (3 of 4) [CRLAS-1327/2025] 5. Heard. 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 appellants, especially considering the material available on record in the form of charge-sheet including injury report, as also considering the nature of injuries and trial will take considerable time in its conclusion 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 appellants on bail. 7. Consequently, this instant appeal is allowed. The impugned order dated 18.03.2025 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Kota is set aside. It is ordered that the accused-appellants (1) Manoj Agarwal @ Mannu S/o Shri Chandraprakash Agarwal, and (2) Deepak Koli @ Baccha S/o Shri Purushottam Koli, arrested in connection with aforesaid FIR No.38/2025 registered at Police Station Kotwali, District Kota City, shall be released on bail, if not wanted in any other case, provided each of them 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. 8. It is made clear that the accused-appellants shall not involve in any other offence(s) during currency of the bail and they shall mark their presence in first week of every month in the concerned police station, till trial is concluded. [2025:RJ-JP:29575] (4 of 4) [CRLAS-1327/2025] 9. Concerned SHO is directed to maintain a register recording the attendance of the appellants, as directed above. In case the appellants fail to mark their 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. Office is directed to send a copy of this order to the concerned SHO for necessary compliance. 11. If any breach of these conditions is reported or come to the notice of the Court, the same shall alone be a reason for the trial Court to cancel the bail granted to them by this Court. 12. The observations made hereinabove are 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 CHARU SONI /456