[2025:RJ-JP:38347] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Appeal (Sb) No. 2052/2025 1. Krishna S/o Shri Naresh, Aged About 23 Years, R/o Shas- tri Nagar Chhabra Police Station Chhabra District Baran (Rajasthan) (Presently Confined In District Jail Baran) 2. Gopal S/o Shri Satyanarayan, Aged About 27 Years, R/o Hillview Colony Chhabra Police Station Chhabra District Baran (Rajasthan) (Presently Confined In District Jail Baran) ----Appellants Versus State Of Rajasthan, Through Special Public Prosecutor Baran (Rajasthan) ----Respondent For Appellant(s) : Mr. Kapil Gupta For Respondent(s) : Mr. N.S. Dhakar, PP with Mr. Tapesh Agarwal, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 18/09/2025 1. This appeal has been filed under Section 14A(2) SC/ST (Prevention of Atrocities) Act being aggrieved of the order dated 15.07.2025 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Baran in Bail Application (CIS) No.185/2025 rejecting the bail application preferred on behalf of the appellants, who are in custody in connection with FIR No.181/2025 registered at Police Station Chhabra, District Baran for offences punishable under Sections 115(2), 126(2) & 189(2) of Bharatiya Nyaya Sanhita, (in short ‘BNS’) 2023 and Sections 3(2)(va), 3(1)(r) & 3(1)(s) of SC/ST (Prevention of Atrocities) Act, 1989 (Amendment 2015). After completion of investigation, police filed charge-sheet in this matter for offences punishable under Sections 115(2), 126(2), 352, 118(1), 118(2), 109(1) & 3(5) of BNS, 2023 and [2025:RJ-JP:38347] (2 of 3) [CRLAS-2052/2025] 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. Counsel submits that there is allegation against appellant- Gopal that he inflicted injury on the forehead and left parietal region of the victim by iron pipe however, bare perusal of the injury report would reveal that said injury was inflicted by sharp edged object. It is submitted that said iron rod has been recovered at the instance of appellant- Krishna. It is submitted that except one grievous injury on forehead of the victim, all other injuries are simple in nature. Counsel submits that in very specific terms it has been mentioned that injury No.1 on the forehead of the victim is not dangerous to life. Counsel further submits that appellant- Krishna is not named in FIR and there is no specific allegation against him. It is contended 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 vehemently opposes the prayer for bail made in this appeal. He submits that three other cases have been registered against appellant- Krishna. Counsel further submits that victim/complainant of this case 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. [2025:RJ-JP:38347] (3 of 3) [CRLAS-2052/2025] 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 fact that except one grievous injury, all other injuries are simple in nature and none of the injury has been opined as dangerous to life and trial will take considerable time in its conclusion as well as looking to the custody period, but without expressing any opinion on merits/demerits of this case, this Court deems it just and proper to enlarge the appellants on bail. 7. Consequently, this appeal is allowed. The impugned order dated 15.07.2025 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Baran is set aside. It is ordered that the accused-appellants (1) Krishna S/o Shri Naresh and 2) Gopal S/o Shri Satyanarayan, arrested in connection with aforesaid FIR No.181/2025 registered at Police Station Chhabra, District Baran, shall be released on bail, 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. 8. The observations made hereinabove are only for decision of the appeal (bail) and would not have any impact on the trial of the case in any manner. (ANIL KUMAR UPMAN),J GAUTAM JAIN /258(s)