[2025:RJ-JP:34193] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Appeal (Sb) No. 1798/2025 1. Daya Singh S/o Bajrang Lal, Aged About 40 Years, Jhunjhunu, R/o Budana, Police Station Bagad, District Jhunjhunu (Raj.). 2. Suresh S/o Bejuram, aged about 55 years, R/o Ward No.5, Budana, Police Station Bagad, District Jhunjhunu (Raj.). (At present in District Jail, Jhunjhunu) ----Appellants Versus 1. State Of Rajasthan, Through PP -----Respondent 2. Abhishek Meena S/o Ashok Meena, R/o Bajava Rawat Ka, Bagar, District Jhunjhunu (Raj.). At present Nayab Tehsildar, Jhunjhunu (Raj.). --Complainant-Respondent For Appellant(s) : Mr. Sanjeev Kumar Mahala For Respondent(s) : Mr. N.S. Dhakar, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 27/08/2025 1. This instant appeal has been filed under Section 14A(2) SC/ST (Prevention of Atrocities) Act being aggrieved of the order dated 01.07.2025 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Jhunjhunu in Bail Application No.158/2025 (CIS No.158/2025) rejecting the bail application preferred on behalf of the appellants, who are in custody in connection with FIR No.122/2025 registered at Police Station Bagar, District Jhunjhunu for the offences under Sections 121(1), 132, 351(3) & 189(2) of Bharatiya Nyaya Sanhita (in short, [2025:RJ-JP:34193] (2 of 3) [CRLAS-1798/2025] ‘BNS’), 2023 and Sections 3(1)(r) & 3(1)(s) 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 offences under the Atrocities Act have been added with an intention to make the case grave in nature. Learned counsel submits that victim of this case is unknown for the appellants. It is submitted that allegations with regard to Atrocities Act are baseless. Learned counsel argues that there is one criminal antecedent against appellant- Suresh wherein he is on bail whereas there are no criminal antecedents against appellant- Daya Singh. It is submitted that trial will take considerable time in its conclusion. Counsel submits that appellants are in custody since their date of arrest and further custody of the appellants would not serve any fruitful purpose. 3. Per contra, learned Public Prosecutor opposes the prayer for bail made in this appeal. He submits that victim/complainant of this case has duly been informed about hearing of this appeal. 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. 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 appellants, especially considering the material available on record and trial will take considerable time in its conclusion as well as looking to the custody period, but without expressing any opinion [2025:RJ-JP:34193] (3 of 3) [CRLAS-1798/2025] on merits/demerits of this case, this Court deems it just and proper to enlarge the appellants on bail. 7. Consequently, this instant appeal is allowed. The impugned order dated 01.07.2025 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Jhunjhunu is set aside. It is ordered that the accused-appellants (1) Daya Singh S/o Bajrang Lal, and (2) Suresh S/o Bejuram, arrested in connection with aforesaid FIR No.122/2025 registered at Police Station Bagar, District Jhunjhunu, 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. 8. The observations made hereinabove are 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 /279