[2025:RJ-JP:30841] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Appeal (Sb) No. 2079/2025 Sunil Kumar @ Sandeep @ Mota S/o Ramsingh, Aged About 23 Years, R/o Palsaniya Ki Dhani, Tan-Rampur, Police Station Bansur, District Behror-Kotputli, Raj. (Presently Confined In Central Jail Alwar) ----Appellant Versus 1. State Of Rajasthan, Through Its PP 2. Mehar Singh Meena S/o Gokulchand, R/o Dhani Nai Tod, Rampur, Bansur, Alwar, Raj. ----Respondents For Appellant(s) : Mr. Nikhil Saini with Mr. Inder Raj Saini For Respondent(s) : Mr. N.S Dhakar, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 08/08/2025 1. The instant appeal has been filed under Section 14A(2) SC/ST (Prevention of Atrocities) Act being aggrieved of the order dated 23.07.2025 passed by learned Special Court, SC/ST (Prevention of Atrocities) Cases, Alwar, in Bail Application No. 242/2025 (CIS No.211/2025) rejecting the bail application preferred on behalf of the appellant, who is in custody in connection with FIR No.473/2023 registered at Police Station Bansur, District Alwar for the offences punishable under Sections 143, 323, 341 & 382 of IPC and Section 3(2)(v) 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 [2025:RJ-JP:30841] (2 of 3) [CRLAS-2079/2025] that on account of land dispute, this false FIR has been registered against the appellant. It is submitted that all the offences except offence punishable under the SC/ST (Prevention of Atrocities) Act are bailable in nature. It is submitted that complainant of this case is a habitual offender and he is absconding from his house. It is submitted that there are no criminal antecedents against the appellant and trial will take considerable time in its conclusion. Counsel further submits that appellant is in custody since 21.07.2025 and further custody of the appellant would not serve any fruitful purpose. 3. Per contra, learned Public Prosecutor vehemently opposes the prayer for bail made in this appeal, however, he fairly concedes that complainant of this case is a habitual offender and he is absconding from his house. 4. Heard learned counsel for the appellant and learned Public Prosecutor. 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 parties, especially considering the material made available before me in the form of case diary, as also considering the fact that all the offences except offence punishable under SC/ST (Prevention of Atrocities) Act are bailable in nature, there are no criminal antecedents against the appellant and trial will take considerable time in its conclusion as well as 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. [2025:RJ-JP:30841] (3 of 3) [CRLAS-2079/2025] 6. Consequently, the instant appeal is allowed. The impugned order dated 23.07.2025 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Alwar in Bail Application No. 242/2025 (CIS No.211/2025) is set aside. It is ordered that the accused-appellant Sunil Kumar @ Sandeep @ Mota S/o Ramsingh arrested in connection with FIR No.473/2023 registered at Police Station Bansur, District Alwar 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. 7. 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 GAUTAM JAIN /472