HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Appeal (Sb) No. 3193/2025 Divyansh @ Lakki S/o Shri Vinod Prajapati, aged about 18 Years 3 Months, R/o Gram Besoda, Police Station Bhanpura, District Mandsor, Madhyapradesh, At Present At Jyoti Deycleaner, Kota (Raj.) (At Present Confined In District Jail Kota) ----Accused-Appellant Versus 1. State of Rajasthan, through Public Prosecutor 2. Pinkesh Nager S/o Mishri Lal, R/o Keshavpura Sector 7, Mahaveer Nagar Kota City, Kota (Raj.) ----complainant/Respondents For Appellant(s) : Mr.Pawan Kumar Verma For Respondent(s) : Mr.Jitendra Singh Rathore, PP JUSTICE ANOOP KUMAR DHAND Order 27/03/2026 1. The instant criminal appeal has been filed under Section 14A(2) of the SC/ST (Prevention of Atrocities) Act, 1989 on behalf of the appellant against the impugned order dated 29.11.2025 passed by the Special Court, SC/ST (Prevention of Atrocities) Cases, Kota whereby, the bail application preferred by the appellant under Section 483 BNSS was rejected by the Trial Court. The appellant has been arrested by the Investigating Agency in connection with FIR No.373/2025, registered at the Police Station Mahaveer Nagar, District Kota City for the offences punishable under Sections 115(2), 126(2), 109(1), 118(1) & 3(5) of BNS and Sections 3(1)(r) & 3(2)(v) of the SC/ST Act. (2 of 3) [CRLAS-3193/2025] 2. Learned counsel for the appellant submits that the injured Manish Nager has sustained grievous injury which is dangerous to life and as per his statement recorded under Section 180 of BNSS, the cause of injury has been assigned to the co-accused ‘YY’ and ‘TY’. The allegation levelled against the appellant is only that he held back the injured and thereafter, the main accused-‘YY’ inflicted knife blow in the stomach of the injured-Manish. Counsel submits that the main accused ‘YY’ and other accused-‘TY’ have already been granted indulgence of bail. Counsel submits that the co-accused-‘TY’ has been granted bail by the Co-ordinate Bench of this Court on the ground that he was juvenile vide order dated 25.11.2025 in S.B.Criminal Revision Petition No.1986/2025. Counsel further submits that following the order passed by the Co- ordinate Bench of this Court in the case of ‘TY’, the Trial Court has granted the benefit of bail to the accused-‘YY’ as well, who was also juvenile vide order dated 28.11.2025. Counsel submits that the appellant is not a habitual offener and his criminal antecedents are also clear and no other case except the present one is pending against him. Counsel submits that after investigation, charge- sheet has already been submitted and the appellant has been in custody since 22.09.2025. Counsel submits that trial will take its own time to conclude and hence, the appellant is also entitled to get indulgence of bail. 3. Per contra, learned Public Prosecutor opposes the arguments raised by counsel for the appellant. 4. Heard. Perused the material available on record. 5. Considering the arguments put forward by learned counsel for the appellant and looking to the fact that the allegation against (3 of 3) [CRLAS-3193/2025] the appellant is only that he held back the injured and thereafter, the main accused-‘YY’ has inflicted knife blow and also considering the fact that he is not a habitual offender and his antecedents are clear and indulgence of bail has already been extended to the co- accused ‘TY’ and ‘YY’ by the Co-ordinate Bench of this Court and Trial Court respectively. Hence, the same indulgence is also extended to the appellant. 6. Consequently, the instant appeal is allowed. The impugned order dated 29.11.2025 passed by the Special Court, SC/ST (Prevention of Atrocities) Cases, Kota is set aside. It is ordered that the accused–appellant Divyansh @ Lakki S/o Shri Vinod Prajapati arrested in connection with the aforesaid FIR shall be released on bail; provided he furnishes a personal bond for the sum of Rs.50,000/- with two sureties for the sum 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, as and when called upon to do so. (ANOOP KUMAR DHAND),J Aayush Sharma /180