[2025:RJ-JP:23381] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Appeal (Sb) No. 1618/2025 Shyochand Jat S/o Shri Boduram, Aged About 38 Years, R/o Village Jhai Police Station Sez District Jaipur (Currently In Judicial Custody At Central Jail, Jaipur) ----Appellant Versus 1. State Of Rajasthan, Through P.P. 2. Mohan Lal S/o Bhanwar Lal, R/o Nevta Sez, Jaipur (West) ----Respondents For Appellant(s) : Mr. Virendra Godara For Respondent(s) For Complainant(s) : : Mr. Vivek Sharma, Addl.GA. with Mr. Naresh Kumar Gupta, Dy.GA., None present HON'BLE MR. JUSTICE MANEESH SHARMA (V. J.) Order 20/06/2025 1. This criminal appeal under Section 14(2)(A) of SC/ST(Prevention to Atrocity) Act has been filed by the accused- appellants in respect of F.I.R. No.69/2025 registered at Police Station Sez, Jaipur (West) for the offences punishable under Sections 115(2), 126(2), 189(2) of the Bhartiya Nyaya Sanhita, 2023 (BNS) and under Sections 3(1)(r), 3(1)(S), 3(2)(va) of Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 (SC/ST Act). 2. After having intimation of filing of this appeal, no one has put in appearance on behalf of the complainant. 3. Learned counsel for the appellant submits that the FIR has been lodged against as many as 23 persons with general [2025:RJ-JP:23381] (2 of 3) [CRLAS-1618/2025] allegations. Except allegations with regard to Section 3 of SC/ST Act, the other offences are triable by the Magistrate. Allegations of offences under SC/ST Act have been levelled only with a view to defeat the rights of the appellant. He further submits that the appellant is behind bars since 11.06.2025; he has not been named in the FIR. He further submits that the co-accused Mangalram and others have already been released on bail by a Co-ordinate Bench of this Court vide order dated 13.06.2025; and the trial of the case will take considerable time therefore, he may be enlarged on bail. 4. Per contra, learned Additional Government Advocate has vehemently opposed the present appeal. 5. Heard and considered the contentions made by the learned counsel for the parties and perused the material available on record. 6. Having regard to the totality of the facts and circumstances of the case; considering the arguments advanced by the learned counsel for the appellant; also the fact that the except allegations made under Section 3 of SC/ST Act; the other offences are triable by Magistrate; appellant is behind bars since 11.06.2025; he has not been named in the FIR; the co-accused Mangalram and others have already been released on bail by a Co-ordinate Bench of this Court vide order dated 13.06.2025 and the trial of the case will take considerable time, hence, without commenting any opinion on the merits/demerits of the case, I deem it fit and proper to allow this appeal. [2025:RJ-JP:23381] (3 of 3) [CRLAS-1618/2025] 7. In view of above, the order dated 12.06.2025 passed by learned Special Court SC/ST (Prevention of Atrocity) Cases, Additional Sessions Judge No.2, Jaipur Metropolitan-II, Jaipur is hereby quashed and set aside, and this Court is inclined to grant bail to the appellant. 8. Accordingly, the present appeal is hereby allowed. The accused-appellant Shyochand Jat S/o Shri Boduram shall be released on bail in pursuance of F.I.R. No.69/2025 registered at Police Station Sez, Jaipur (West) on furnishing a personal bond of Rs.1,00,000/- (Rupees One Lac only) with two surety bonds of Rs.50,000/- (Rupees Fifty Thousand only) 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. (i) The appellant shall not tamper with any evidence, nor would influence the witnesses in the case. (ii) The appellant shall co-operate in the trial and shall attend each and every date of hearing in the trial, until and unless his presence are exempted by the Trial Court. 9. In case of failure of observance of the conditions, a ground for cancellation of this bail would arise. (MANEESH SHARMA (V. J.)),J Seema/74