[2025:RJ-JP:34046] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Appeal (Sb) No. 1378/2025 1. Bhagwan Mewara S/o Shri Nandlal, Aged About 26 Years, R/o Mandipada Ganesh Mandir Ke Piche, Borkheda P.s. Borkheda Kota At Present Sai Nagri Colony, Tathed Ke Pass, Kaithun (Raj) (At Present Confined In Central Jail, Kota) 2. Rakesh Mewara S/o Nandlal, Aged About 20 Years, R/o Mandipada Ganesh Mandir Ke Piche, Borkheda P.s. Borkheda Kota At Present Sai Nagri Colony, Tathed Ke Pass, Kaithun (Raj) (At Present Confined In Central Jail, Kota) ----Appellants Versus 1. The State Of Rajasthan, Through Public Prosecutor 2. Lalita W/o Shri Ramraj, Aged About 37 Years, R/o Sai Nagri Colony Jhalipura Tathed P.s. Kaithun District Kota Rural ----Respondents For Appellant(s) : Mr. Samarth Sharma For Respondent(s) : Mr. Shree Ram Dhakar, PP, Mr. Kuldeep Bhatia for complainant HON'BLE MR. JUSTICE PRAVEER BHATNAGAR Order 27/08/2025 1. The instant appeal has been filed under Section 14A(2) SC/ST (Prevention of Atrocities) Act, 1989 on behalf of the appellants, who are in custody in connection with FIR No.168/2024 registered at Police Station Kaithun, District Kota Rural, for the offences under Sections 143, 323 and 302 of IPC and Sections 3(2)(va) and 3(V) of SC/ST (Prevention of Atrocities) Act against the order dated 07.04.2025, passed by the learned [2025:RJ-JP:34046] (2 of 4) [CRLAS-1378/2025] Special Court, SC/ST (Prevention of Atrocity) Cases, Kota whereby, the bail application preferred under Section 439 Cr.P.C. on behalf of the appellants was rejected. 2. Learned counsel for the appellants submits that the appellants have falsely been implicated in this case. He further submits that in the FIR, 6 persons were named as accused, however, the police has submitted the charge-sheet only against present appellants and co-accused Nandlal. In the FIR, it is stated that Jeetu went with the deceased and the appellants caused fatal injuries to the deceased, however, PW-4 Jitendra @ Jeetu has turned hostile and not supported the prosecution story. It is also contended that in the FIR, the name of the wife of the deceased PW-1 Lalita Bai and his daughters, PW-5 Muskan and PW-6 Tanu have not been shown as eye witnesses. It is also contended that the statement of PW-1 Lalita, PW-5 Muskan and PW-6 Tanu are self contradictory. PW-6 Tanu, in her cross-examination has stated that at the time of occurrence, she and her mother were at their residence and Jeetu informed them about the incident. She has also stated that Jeetu has told them about the story and thereafter, they went with Jeetu at his motorcycle along with her sister and mother and saw the incident. The said version of the PW-6 is contradictory to the deposition made by PW-1 Lalita and PW-5 Muskan. It is also contended that PW-1 Lalita, PW-5 Muskan and PW-6 Tanu are planted witnesses and they were not present at the place of occurrence. The accused-appellants are in custody since 29.04.2024 and trial of the case may take considerable time, therefore, the appeal of accused-appellants may be allowed. [2025:RJ-JP:34046] (3 of 4) [CRLAS-1378/2025] 3. Per contra, learned Public Prosecutor as well as learned counsel for the complainant vehemently oppose the arguments advanced on behalf of the appellants. 4. Learned counsel for the complainant contended that in the Court statement, PW-1 Lalita, PW-5 Muskan and PW-6 Tanu have deposed that they have seen the incident and the appellants assaulted the deceased resulting into his death. It is also contended that apart from the eye witnesses, police also recovered weapon used by the appellants in causing death of the deceased and on the weapons discovered at the instance of the appellants blood stains were found in the FSL report which connected the appellants in the alleged offence. Therefore, considering the gravity of the offence, the appeal of the accused- appellants may be dismissed. 5. Heard and perused the material available on record. 6. It is not desirable to express anything on the merits of the case. Considering the arguments advanced by learned counsel for the appellants and after going through the statements of main eye witness PW-4 Jitendra @ Jeetu, who has turned hostile, I deem it just and proper to allow the appeal. 7. Consequently, the instant appeal is allowed. The impugned order dated 07.04.2025 passed by the learned Special Court, SC/ST (Prevention of Atrocity) Cases Kota, is hereby set aside. It is ordered that the accused-appellants namely: 1. Bhagwan Mewara S/o Shri Nandlal and 2. Rakesh Mewara S/o Nandlal, who are in custody in connection with FIR No.168/2024 registered at Police Station Kaithun, District Kota Rural, shall be [2025:RJ-JP:34046] (4 of 4) [CRLAS-1378/2025] released on bail; provided both of them furnish a personal bond in the sum of Rs.50,000/- and two surety bonds 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. (PRAVEER BHATNAGAR),J Keshav/35