[2025:RJ-JP:33288] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Appeal (Sb) No. 2154/2025 Rahul Sankhla Son Of Shri Babulal, Resident Of Khatikan Mo- halla, Ward No. 16, Tehsil Navalgarh, District Jhunjhunu. (At Present Appellant Confined At District Jail Jhunjhunu) ----Appellant Versus 1. The State Of Rajasthan, Through PP 2. Sachin Solanki Son Of Babulal, Resident Of Khatikan Mo- halla, Ward No. 5, Chirawa, Jhunjhunu (Raj.) ----Respondents Connected With S.B. Criminal Appeal (Sb) No. 2142/2025 Kunal Samariya Son Of Shri Kailash Samariya, Resident Of Khatikan Mohalla, Ward No. 16, Tehsil Navalgarh, District Jhun- jhunu. (At Present Appellant Confined At District Jail Jhunjhunu) ----Appellant Versus 1. The State Of Rajasthan, Through PP 2. Sachin Solanki Son Of Babulal, Resident Of Khatikan Mo- halla, Ward No. 5, Chirawa, Jhunjhunu (Raj.) ----Respondents For Appellant(s) : Mr. Arun Singh Shekhawat For Respondent(s) : Mr. Rajesh Choudhary, GA-cum-AAG with Mr. N.S. Dhakar, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 22/08/2025 1. These instant appeals have been filed under Section 14A(2) of SC/ST (Prevention of Atrocities) Act being aggrieved of order dated 28.07.2025 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Jhunjhunu (Raj.) in Misc. Criminal Bail Application Nos.184/2025 & 185/2025 rejecting the bail applications preferred on behalf of the appellants, who are in custody in connection with FIR No.198/2025 registered at Police Station Chirawa, District Jhunjhunu (Rajasthan) for the offences [2025:RJ-JP:33288] (2 of 3) [CRLAS-2154/2025] punishable under Sections 115(2), 126(2) & 3(5) 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 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 appellants are not named in the FIR. Counsel submits that except offences punishable under the provisions of Atrocities Act, all the offences are bailable in nature however, during the course of investigation, offence punishable under section 110 of BNS (Corresponding to Section 308 of IPC) has been added which is a non-bailable offence. Counsel submits that there are no criminal antecedents against the appellants and trial will take considerable time in its conclusion. Counsel submits that appellants are in custody since 10.07.2025 and further custody of the appellants would not serve any fruitful purpose. 3. Per contra, learned GA-cum-AAG as well as learned Public Prosecutor have opposed the prayer of bail made in these appeals. Counsel submits that victim/complainant of this case has duly been informed about hearing of these appeals (bail). 4. Despite information, no one has put in appearance on behalf of the victim/complainant to oppose the prayer of bail made in these appeals. 5. Heard learned counsel for the appellants 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 [2025:RJ-JP:33288] (3 of 3) [CRLAS-2154/2025] parties, especially considering the fact that appellants are not named in the FIR, as also the fact that there are no criminal antecedents against the appellants and trial will take considerable time in its conclusion as well as looking to the period of custody, but without expressing any opinion on the merits/demerits of this case, this Court deems it just and proper to enlarge the appellants on bail. 7. Consequently, these instant appeals are allowed. The impugned order dated 28.07.2025 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Jhunjhunu (Raj.) in Misc. Criminal Bail Application Nos.184/2025 & 185/2025 is set aside. It is ordered that the accused-appellants (1) Rahul Sankhla Son Of Shri Babulal and (2) Kunal Samariya Son Of Shri Kailash Samariya arrested in connection with FIR No.198/2025 registered at Police Station Chirawa, District Jhunjhunu (Rajasthan), 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 observations made hereinabove are only for decision of the instant appeals (bail) and would not have any impact on the trial of the case in any manner. (ANIL KUMAR UPMAN),J LALIT MOHAN /151-152