[2025:RJ-JP:38946] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Appeal (Sb) No. 2036/2025 Ashish Kumawat Son Of Shri Dhunilal Kumawat, Aged About 19 Years, R/o Kumharon Ka Mohalla, Bhabaru Police Station Bhabaru District Kotputali Behror (At Present In Central Jail Jaipur) ----Appellant Versus 1. State Of Rajasthan, Through The PP 2. Lokesh Meena Son Of Shri Ramesh Chand Meena, R/o Vil- lage Bhabaru District Kotputali Behror ----Respondents For Appellant(s) : Mr. Sanjay Sharma with Mr. Giriraj Prasad Gurjar For Respondent(s) : Mr. N.S. Dhakar, PP with Mr. Gaurav Gupta, Asstt. G.A. HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 20/09/2025 1. The instant appeal has been filed under Section 14A(2) of SC/ST (Prevention of Atrocities) Act being aggrieved of the order dated 18.07.2025 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Jaipur, District Jaipur (Raj.) in Bail Application No.144/2025, NCV No.206/2025 rejecting the bail application preferred on behalf of the appellant, who is in custody in connection with FIR No.33/2025 registered at Police Station Bhabru, District Kotputli-Behror (Rajasthan) for the offences punishable under Sections 189(2), 115(2), 126(2), 352, 351(3) & 109(1) of the Bharatiya Nyaya Sanhita, (in short ‘BNS’) 2023 and Sections 3(1)(r), 3(1)(s) & 3(2)(va) of SC/ST (Prevention of [2025:RJ-JP:38946] (2 of 3) [CRLAS-2036/2025] Atrocities) Act, 1989 (Amendment 2015). After completion of investigation police filed charge-sheet in this matter for the offences punishable under Sections 115(2), 126(2), 352 & 3(5) of BNS 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 appellant that appellant has falsely been implicated in this case. Counsel submits that except offences under the Atrocities Act, all other offences are bailable in nature. It is submitted that trial will take considerable time in its conclusion. Counsel submits that appellant is in custody since 15.07.2025 and further custody of the appellant would not serve any fruitful purpose. 3. Per contra, learned Public Prosecutor opposes the prayer for bail made in this appeal. He further submits that victim/complainant has duly been informed about hearing of this appeal (bail). 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 learned counsel for the appellant and learned Public Prosecutor. 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 parties, especially considering the fact that except offences under the Atrocities Act, all other offences are bailable in nature; charge- sheet has been filed in this matter and trial will take considerable time in its conclusion as well as looking to the period of custody, [2025:RJ-JP:38946] (3 of 3) [CRLAS-2036/2025] 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, the instant appeal is allowed. The impugned order dated 18.07.2025 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Jaipur, District Jaipur (Raj.) in Bail Application No.144/2025, NCV No.206/2025 is set aside. It is ordered that the accused-appellant Ashish Kumawat Son Of Shri Dhunilal Kumawat arrested in connection with FIR No.33/2025 registered at Police Station Bhabru, District Kotputli- Behror (Rajasthan), shall be released on bail, if not wanted in any other case, provided he 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 observations made hereinabove are only for decision of the instant appeal (bail) and would not have any impact on the trial of the case in any manner. (ANIL KUMAR UPMAN),J LALIT MOHAN /168