[2025:RJ-JP:38935] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Appeal (Sb) No. 1682/2025 Irshad @ Bunty S/o Shan Mohammad, Aged About 25 Years, R/o Dispensary Ke Piche Wali Gali, Manna Colony, Police Station Borkheda, Kota City. ( At Present Confined In Central Jail Kota, District Kota). ----Appellant Versus 1. State Of Rajasthan, Through PP 2. Akshay S/o Ram Sagar, R/o Adarsh Nagar Borkhera, Borkhera, Kota City, Rajasthan. ----Respondents For Appellant(s) : Mr. Gaurav Sharma for Mr. Nitin Kumar Sharma For Respondent(s) : Mr. N.S. Dhakar, PP with Mr. Gaurav Gupta, Asstt. G.A. HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 20/09/2025 1. The instant appeal has been filed under Section 14A(2) of SC/ST (Prevention of Atrocities) Act being aggrieved of the order dated 10.06.2025 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Kota (Raj.) in Bail Application (CIS) No. 99/2025 rejecting the bail application preferred on behalf of the appellant, who is in custody in connection with FIR No.69/2025 registered at Police Station Borkhera, District Kota City (Rajasthan) for the offences punishable under Sections 109(1), 115(2), 126(2) & 3(5) of the Bharatiya Nyaya Sanhita, (in short ‘BNS’) 2023 and Section 3(2)(va) of SC/ST (Prevention of Atrocities) Act, 1989 (Amendment 2015). Investigating is being [2025:RJ-JP:38935] (2 of 3) [CRLAS-1682/2025] conducted in this matter for the offences punishable under Sections 115(2), 126(2), 109(1), 118(1) & 3(5) of BNS and Sections 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. Counsel submits that injuries sustained to the injured are simple in nature. Counsel submits that co-accused Dilshad @ Babu Pathan has already been granted benefit of bail by co-ordinate Bench of this Court. Counsel submits that charge-sheet has been filed in this matter. It is submitted that trial will take considerable time in its conclusion. Counsel submits that appellant is in custody since 09.06.2025 and further custody of the appellant would not serve any fruitful purpose. 3. Per contra, learned Public Prosecutor opposes the prayer for bail made in this appeal. He further submits that victim/complainant has duly been informed about hearing of this appeal (bail). 4. Despite information, no one has put in appearance on behalf of the victim/complainant to oppose the prayer for bail made in this appeal. 5. Heard learned counsel for the appellant and learned Public Prosecutor. 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, especially considering the fact that injuries sustained to the injured are simple in nature; co-accused Dilshad @ Babu [2025:RJ-JP:38935] (3 of 3) [CRLAS-1682/2025] Pathan has been granted benefit of bail by co-ordinate Bench of this Court; charge-sheet has been filed in this matter 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 10.06.2025 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Kota (Raj.) in Bail Application (CIS) No. 99/2025 is set aside. It is ordered that the accused- appellant Irshad @ Bunty S/o Shan Mohammad arrested in connection with FIR No.69/2025 registered at Police Station Borkhera, District Kota City (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. 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 LALIT MOHAN /163