[2025:RJ-JP:3418] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Appeal (Sb) No. 53/2025 Yogesh Son Of Shri Nemichand, Aged About 22 Years, Resident Of Kyamsar Police Station Sultana District Jhunjkhunu (At Present Accused Confined In Central Jail Jhunjhunu) ----Appellant Versus 1. State Of Rajasthan, Through PP 2. Suresh Son Of Malaram, Resident Of Village Kyamsar Police Station Sultana District Jhunjhunu (Raj) ----Respondents For Appellant(s) : Mr. Rahul Agarwal For Respondent(s) : Mr. N.S. Dhakar, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 23/01/2025 1. This instant appeal has been filed under Section 14(2)(A) SC/ST (Prevention of Atrocities) Act being aggrieved of the order dated 21.12.2024 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Jhunjhunu in Bail Application No.342/2024 rejecting the bail application preferred on behalf of the appellant, who is in custody in connection with FIR No.157/2024 registered at Police Station Sultana, District Jhunjhunu for the offences under Sections 115(2), 331(2), 74, 351(3), 125, 324(4) & 189(2) of BNS and Sections 3(1)(r), 3(1) (s), 3(1)(w)(i) & 3(2)(va) of SC/ST (Prevention of Atrocities) Act. During investigation, offences under Sections 115(2), 126(2), 331(6), 125, 351(3), 324(4), 190 & 189(2) of BNS and Sections [2025:RJ-JP:3418] (2 of 3) [CRLAS-53/2025] 3(1)(r), 3(1)(s) & 3(2)(va) of SC/ST (Prevention of Atrocities) Act have been found proved against the appellant. 2. It is contended by learned counsel for the appellant that appellant has falsely been implicated in this case. It is contended that exaggerated version has been mentioned by the complainant in the FIR. Learned counsel submits that now, dispute has resolved amicably by the parties which is evident from the statement of victim recorded under Section 183 BNSS. It is submitted that appellant is in custody since 18.12.2024. Trial of the case will take considerable time and further custody of the appellant would not serve any fruitful purpose. 3. Per contra, learned Public Prosecutor opposes the prayer of bail made in this appeal. He submits that despite information, none has put in appearance on behalf of the victim/complainant to oppose this appeal. 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 both the appellant and looking to the fact that dispute has been resolved amicably by the parties; appellant is in custody since 18.12.2024 and trial will take time in its conclusion, 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, these instant appeal is allowed. The impugned order dated 21.12.2024 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Jhunjhunu is set aside. It is ordered that the accused-appellant Yogesh Son Of Shri [2025:RJ-JP:3418] (3 of 3) [CRLAS-53/2025] Nemichand, arrested in connection with aforesaid FIR No.157/2024 registered at Police Station Sultana, District Jhunjhunu, 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. (ANIL KUMAR UPMAN),J CHARU SONI /273