[2025:RJ-JP:94] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Appeal (SB) No. 2929/2024 Dilkhush @ Bablu S/o Rajaram, R/o Village Kariri, P.S. Nainwa, District Bundi (Rajasthan) (At Confined In District Jail Bundi Raj.). ----Accused-Appellant Versus 1. State Of Rajasthan, Through P.P. ----Non-Applicant 2. Prakesh Chand Lodha, R/o Nya, Dhagrriya, Hindoli, District Bundi, Presently R/o HC 780, Nainwa, District Bundi, Rajasthan. ----Complainant Connected With S.B. Criminal Appeal (SB) No. 1773/2024 Shopal S/o Bhairulal, R/o Bheemganj, Police Station Nainwa, District Bundi (Rajasthan) (Currently In Judicial Custody At District Jail Bundi). ----Accused-Appellant Versus 1. State Of Rajasthan, Through P.P. ----Respondent 2. Sugna Bai W/o Durgalal Raigar, R/o Seesola Police Station Nainwa, District Bundi ----Complainant-Respondent S.B. Criminal Appeal (SB) No. 1774/2024 Luvish Kumar S/o Ramesh Kumar, Aged About 19 Years, R/o Dei, Tehsil And Dsitrict Bundi (Rajasthan) (At Present Confined In District Jail Bundi, District Bundi). ----Accused-Appellant Versus 1. State Of Rajasthan, Through P.P. ----Respondent 2. Prakash Chand Lodha, R/o Naya Dhagrriya Nya Hindoli, Bundi Rajasthan Presently HC 780, Nainwa District Bundi Rajasthan. [2025:RJ-JP:94] (2 of 4) [CRLAS-2929/2024] ----Complainant For Appellant(s) : Mr. Govind Lal Choudhary, Adv. and Mr. Akshay Yadav, Adv. For Respondent(s) : Mr. Rajendra Singh Shekhawat, PP and Mr. Abhishek Jhingonia, Adv., for complainant. HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 02/01/2025 1. These instant appeals have been filed under Section 14A SC/ST (Prevention of Atrocities) Act being aggrieved of the common order dated 20.07.2024 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Bundi (Raj) in Bail Applications No.194/2024, 190/2024 and 191/2024 rejecting the bail applications preferred on behalf of the appellants, who are in custody in connection with FIR No.91/2024 Police Station Nainwa, District Bundi for the offences under Sections 341, 323, 447, 307, 143 & 504 of IPC and Section 3(2)(v) of SC/ST (Prevention of Atrocities) Act. Later on, police filed charge-sheet in this matter for the offences under Sections 341, 323, 447, 307, 143, 504 & 302 of IPC and Section 3(2)(v) of SC/ST (Prevention of Atrocities) Act. 2. It is contended by learned counsel for the appellants that appellants have falsely been implicated in this case. Learned counsel submit that the appellants are not named in the FIR. They further submit that FIR was registered on the basis of parcha- bayan of the injured Sugna Bai, who is the mother of the deceased, but names of the appellants are not appearing in her [2025:RJ-JP:94] (3 of 4) [CRLAS-2929/2024] statement. They argue that thereafter both injured witnesses namely Sugna Bai and Durgalal were examined by the Police and their statements recorded Section 161 Cr.P.C., but names of the appellants do not figure in their statements. They further argue that they have been named first time in the statements of both injured witnesses when they were examined under Section 164 Cr.P.C. after a month of alleged incident. They contend that only one injury was found on the person of deceased which is head injury, which has been attributed to the co-accused Girraj. They further contend that two injuries were found on the person of Sugna Bai and three injuries were found on the person of other injured Durga Lal. They further submit that charge-sheet has already been filed and trial of the case will take considerable time. They further argue that the 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 assisted by the learned counsel for complainant vehemently opposes the prayer of bail made in these appeals. They submit that appellants are named in statement of the injured witnesses recorded under Section 164 Cr.P.C. and recoveries have also been made at their instance. 4. Heard. 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 both the parties and looking to the fact that cause of death is single head injury and which is attributed to the co-accused Girraj; appellants are not named in the FIR and they have been [2025:RJ-JP:94] (4 of 4) [CRLAS-2929/2024] implicated in this case after their names were surfaced in the investigation after a month, when injured witnesses were examined under Section 164 Cr.P.C.; charge-sheet has been filed 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. 6. Consequently, these instant appeals are allowed. The impugned order dated 20.07.2024 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Bundi (Raj) is set aside. It is ordered that the accused-appellants – 1. Dilkhush @ Bablu S/o Rajaram, 2. Shopal S/o Bhairulal and 3. Luvish Kumar S/o Ramesh Kumar arrested in connection with aforesaid FIR No.91/2024 registered at Police Station Nainwa, District Bundi, 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. (ANIL KUMAR UPMAN),J MADAN/149 & 151-152