[2025:RJ-JP:5142] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Appeal (SB) No. 97/2025 1. Kamlesh Son Of Jawaharlal, Aged About 38 Years, Resident Of Kolukhedi Mewatiyan P.S. Jawar District Jhalawar. 2. Sitaram Son Of Ramprasad, Aged About 28 Years, Resident Of Kolukhedi Mewatiyan P.S. Jawar District Jhalawar. (At Present Accused Appellant Confined In District Jail Jhalawar). ----Accused-Appellants Versus 1. State Of Rajasthan, Through PP ----Respondent 2. Manish Meena S/o Ranglal Meena, Aged About 29 Years, Resident Of Anawada Rajgarh Alwar At Present JEN, G.S.S. Chandipur Jawar Jhalawar. ----Complainant/Respondent For Appellant(s) : Mr. Sanjay Kumar Sharma, Adv. For Respondent(s) : Mr. N.S. Dhakar, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 05/02/2025 1. This instant appeal has been filed under Section 14A SC/ST (Prevention of Atrocities) Act being aggrieved of the order dated 20.12.2024 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Jhalawar in Bail Application No.301/2024 rejecting the bail application preferred on behalf of the appellants, who is in custody in connection with FIR No.206/2024 registered at Police Station Jawar, District Jhalawar for the offences under Sections 121(1), 191(2), 190 of BNS, 2023 and Sections 3(2)(va), [2025:RJ-JP:5142] (2 of 3) [CRLAS-97/2025] 3(1)(r), 3(1)(s) of SC/ST (Prevention of Atrocities) Act, 1989 (Amendment 2015). Later on, Police has filed charge-sheet in this matter for the offences under Sections 121(1), 132, 352, 3(5) of BNS, 2023 and Sections 3(2)(va), 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. Learned counsel submits that no offence under the Atrocities Act is made out from a bare reading of the FIR. He further submits that the appellants were raising reasonable demands and complainant of this case was negligent in discharging his duty. He contents that false averments have been made in the FIR with regard to the obstruction in discharging the official duty of the complainant. He further contends that charge-sheet has already been filed and trial of the case will take considerable time. He argues that the appellants are in custody since 16.12.2024 and further custody of the appellants would not serve any fruitful purpose. 3. Learned Public Prosecutor opposes the prayer of bail made in this appeal. He submits that complainant/victim of this case has been duly informed about hearing of this criminal appeal. 4. Despite information, no one has appeared on behalf of the complainant. 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 both the parties as also looking to the fact that charge-sheet has been filed and trial of the case will take time in its conclusion as well as [2025:RJ-JP:5142] (3 of 3) [CRLAS-97/2025] looking to the period of custody, but without expressing any opinion on merits/demerits of this case, this Court deems it just and proper to enlarge the appellant on bail. 7. Consequently, this instant appeal is allowed. The impugned order dated 20.12.2024 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Jhalawar is set aside. It is ordered that the accused-appellants – 1. Kamlesh Son Of Jawaharlal and 2. Sitaram Son Of Ramprasad arrested in connection with aforesaid FIR No.206/2024 registered at Police Station Jawar, District Jhalawar, shall be released on bail, if not wanted in any other case, provided each of them furnishes 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 observation made hereinabove is only for decision of this criminal appeal and would not have any impact or bearing on the trial. (ANIL KUMAR UPMAN),J MADAN/252