[2025:RJ-JP:28985] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Appeal (Sb) No. 1583/2025 Kailash S/o Sh. Badri, Aged About 47 Years, R/o 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. (Complainant). ----Respondents For Appellant(s) : Mr. Manvendra Singh Choudhary with Mr. Himanshu For Respondent(s) For Complainant(s) : : Mr. N.S. Dhakar, PP Mr. Babulal Bairwa with Mr. Ashish Bairwa Mr. Dharmraj Bairwa HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 29/07/2025 1. This instant appeal has been filed under Section 14(2)(A) SC/ST (Prevention of Atrocities) Act being aggrieved of the order dated 06.06.2025 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Sawai Madhopur in Second Bail Application No.80/2025 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 Baharawanda Kalan, District Sawai Madhopur for the offences under Sections 189(2), 115(2), 126(2), 329(3), 351(2) & 352 of Bharatiya Nyaya Sanhita, (in short ‘BNS’) 2023 and Sections 3(1)(r), 3(1)(s), 3(2)(va) & [2025:RJ-JP:28985] (2 of 4) [CRLAS-1583/2025] 3(1)(g) 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 190, 191(2), 191(3), 115(2), 126(2), 329(3), 351(2), 117(2), 118(2), 109(1) & 352 of Bharatiya Nyaya Sanhita, (in short, ‘BNS’) 2023 and Sections 3(1)(r), 3(1)(s), 3(2)(v), 3(2)(va) & 3(1)(g) 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 contended that cross cases have been registered between the parties and both sides have sustained injuries. It is submitted that appellant himself has sustained injury. Counsel contends that there is one criminal antecedent against the appellant and after trial, he has been acquitted in that case. It is contended that co-accused Balram has already been granted benefit of bail by this Court. It is contended that appellant is in custody since 20.03.2025 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 oppose the prayer of bail made in this appeal. It is submitted that there are two injured persons in this case and both have sustained grievous injuries. It is further submitted that there are three grievous injuries on the person of injured Prahlad, out of which, one is on nose and second one is on eye. 4. Heard. Perused the material available on record. [2025:RJ-JP:28985] (3 of 4) [CRLAS-1583/2025] 5. Having regard to the totality of the facts and circumstances; considering the arguments advanced by learned counsel for the appellant as also considering the fact that cross cases have been registered between the parties and both sides have sustained injuries, as also considering the fact that co-accused Balram has already been granted benefit of bail by this Court 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 appellant on bail. 6. Consequently, this instant appeal is allowed. The impugned order dated 06.06.2025 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Sawai Madhopur is set aside. It is ordered that the accused-appellant Kailash S/o Sh. Badri, arrested in connection with aforesaid FIR No.100/2024 registered at Police Station Baharawanda Kalan, District Sawai Madhopur, shall be released on bail, if not wanted in any other case, provided he 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. 7. It is made clear that the accused-appellant shall not involve in any other offence(s) during currency of the bail and he shall mark his presence once in every three months in the concerned police station, till trial is concluded. 8. Concerned SHO is directed to maintain a register recording [2025:RJ-JP:28985] (4 of 4) [CRLAS-1583/2025] 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. 9. Office is directed to send a copy of this order to the concerned SHO for necessary compliance. 10. 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 him by this Court. 11. The observation made hereinabove is only for decision of the instant appeal (bail) and shall not have any impact on the trial of the case in any manner. (ANIL KUMAR UPMAN),J CHARU SONI /321