[2025:RJ-JP:30842] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Appeal (Sb) No. 1890/2025 Saddham Hussain Son Of Waqar Ahmed, Aged About 19 Years, Resident Of Rangpur Road, Opposite B Cabin, Purana Fatak, Station Kota, Police Station Bhimganj Mandi, Kota City. (At Present Confined In District Jail Kota Rajasthan) ----Appellant Versus 1. State Of Rajasthan, Through PP 2. Kapil Sarshiya S/o Mukesh, R/o Meet Market Machish Factory Bhimganj Mandi Kota City Rajasthan India ----Respondents Connected With S.B. Criminal Appeal (Sb) No. 1508/2025 Arbaj Khan @ Boota S/o Akram, Aged About 19 Years, R/o Arya Samaj School Ke Piche Nehru Nagar, Telghar, Kota (Accused Presently Confined At Central Jail Kota) ----Appellant Versus State Of Rajasthan, Through Public Prosecutor ----Respondent For Appellant(s) : Mr. Nadeem Qadeer Mr. Aatif Aman Mr. Pallav Sharma For Respondent(s) For Complainant(s) : : Mr. N.S Dhakar, PP Mr. Prakash Kumar Jha HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 08/08/2025 1. These appeals have been filed under Section 14A(2) SC/ST (Prevention of Atrocities) Act being aggrieved of the orders dated 02.06.2025 & 23.05.2025 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Kota in Bail Application (CIS) [2025:RJ-JP:30842] (2 of 4) [CRLAS-1890/2025] Nos.94/2025 & 92/2025 rejecting the bail applications preferred on behalf of the appellants, who are in custody in connection with FIR No.71/2025 registered at Police Station Bhimganj Mandi, District Kota City for the offences under Sections 115(2), 126(2) & 3(5) of Bharatiya Nyaya Sanhita, (in short ‘BNS’) 2023 and Section 3(2)(va) of SC/ST (Prevention of Atrocities) Act, 1989 (Amendment 2015). 2. It is contended by learned counsel for the appellants that appellants have falsely been implicated in this case. It is contended that all the injuries sustained by the injured have been opined as simple in nature. It is submitted that co-accused namely- Rais Mohammad and Moseen Ali have already been granted benefit of bail by the co-ordinate bench of this court. It is contended that trial will take considerable time in its conclusion. Counsel submit that appellants are in custody since 26.03.2025 and further custody of the appellants 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 these appeals. It is submitted that appellants are habitual offenders as several other cases have been registered against them. Learned counsel for the complainant submits that there is specific allegation against the appellants of causing several sharp injuries on the person of the injured. 4. Heard. Perused the material available on record. 5. Having regard to the totality of the facts and circumstances; considering the arguments advanced by learned counsel for the [2025:RJ-JP:30842] (3 of 4) [CRLAS-1890/2025] appellants, especially considering the nature of injuries, as also considering the fact that aforementioned co-accused persons have already been granted benefit of bail by co-ordinate bench of 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 appellants on bail. 6. Consequently, these appeals are allowed. The impugned orders dated 02.06.2025 & 23.05.2025 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Kota is set aside. It is ordered that the accused-appellants (1) Saddham Hussain Son Of Waqar Ahmed and (2) Arbaj Khan @ Boota S/o Akram, arrested in connection with aforesaid FIR No.71/2025 registered at Police Station Bhimganj Mandi, District Kota City, shall be released on bail, if not wanted in any other case, provided each of them 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-appellants shall not involve in any other offence(s) during currency of the bail and they shall mark their presence in first week of every month in the concerned police station, till trial is concluded. 8. Concerned SHO is directed to maintain a register recording the attendance of the appellants, as directed above. In case the appellants fail to mark their presence in the concerned police station, as directed above, the concerned SHO is directed to [2025:RJ-JP:30842] (4 of 4) [CRLAS-1890/2025] 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 them by this Court. 11. The observations made hereinabove are only for decision of these appeals (bail) and would not have any impact on the trial of the case in any manner. (ANIL KUMAR UPMAN),J GAUTAM JAIN /470-471