[2025:RJ-JP:29573] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Appeal (Sb) No. 1814/2025 1. Rajesh Kumar S/o Birjuram, Aged About 47 Years, R/o Gadhwalo Ka Bas, Tan Bhorki Police Station Gudhagorji District Jhunjhunu (Raj) (At Present Accused Petitioner Is Confined In District Jail Jhunjhunu) 2. Raghuveer S/o Hardayal Singh, Aged About 44 Years, R/o Gadhwalo Ka Bas, Tan Bhorki Police Station Gudhagorji District Jhunjhunu (Raj) (At Present Accused Petitioner Is Confined In District Jail Jhunjhunu) 3. Jagan Singh S/o Onkarmal, Aged About 63 Years, R/o Bhorki Police Station Guhagorji District Jhunjhunu (Raj) (At Present Accused Petitioner Is Confined In District Jail Jhunjhunu) ----Appellants Versus State Of Rajasthan, Through Public Prosecutor ----Respondent For Appellant(s) : Mr. Ajay Khedar Mr. Satish Kumar Khandal For Respondent(s) For Complainant(s) : : Mr. N.S. Dhakar, PP Mr. Arun Singh Shekhawat HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 31/07/2025 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.159/2025 (CIS No.159/2025) rejecting the bail application preferred on behalf of the appellants, who are in custody in connection with FIR No.274/2025 registered at Police Station [2025:RJ-JP:29573] (2 of 3) [CRLAS-1814/2025] Gudha, District Jhunjhunu for the offences under Sections 189(2), 115(2), 126(2) & 127(2) of Bharatiya Nyaya Sanhita, (in short ‘BNS’) 2023 and Sections 3(1)(r) & 3(1)(s) of SC/ST (Prevention of Atrocities) Act, 1989 (Amendment 2015). Investigation is being conducted for offences punishable under Sections 189(2), 115(2), 126(2), 127(2), 140(3), 324(4), 351(2) & 352 of Bharatiya Nyaya Sanhita, (in short ‘BNS’) 2023 and Sections 3(1)(r), 3(1)(s) & 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. Counsel submit that appellants are in custody since long 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 this appeal. They submit that appellants have brutally beaten up the victim however, they fairly concede that all the injuries sustained by the injured have been opined as simple in nature. 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 appellants as also considering the nature of injuries and the material available on record as well as looking to the custody period, but without expressing any opinion on merits/demerits of [2025:RJ-JP:29573] (3 of 3) [CRLAS-1814/2025] this case, this Court deems it just and proper to enlarge the appellants on bail. 6. 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) Rajesh Kumar S/o Birjuram, (2) Raghuveer S/o Hardayal Singh, and (3) Jagan Singh S/o Onkarmal, arrested in connection with aforesaid FIR No.274/2025 registered at Police Station Gudha, 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. 7. 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 /462