[2025:RJ-JP:38951] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Appeal (Sb) No. 2127/2025 Rajesh @ Jhabu Gurjar Son Of Shri Lilaram, Aged About 28 Years, R/o Thanwas, Police Station Nangal Choudhary, District Mahendragarh, Haryana. (At Present Confined At Central Jail Jaipur) ----Appellant Versus State Of Rajasthan, Through PP ----Respondent For Appellant(s) : Mr. Surendra Sharma with Mr. Amit Kumar Sharma 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. This appeal has been filed under Section 14A(2) of SC/ST (Prevention of Atrocities) Act being aggrieved of the order dated 21.07.2025 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Jaipur, District Jaipur (Raj.) in Bail Application No. 213/2025 rejecting the bail application preferred on behalf of the appellant, who is in custody in connection with FIR No.143/2025 registered at Police Station Paniyala, District Kotputli-Behror (Rajasthan) for offences punishable under Sections 189(2), 115(2), 126(2), 333 & 352 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). [2025:RJ-JP:38951] (2 of 3) [CRLAS-2127/2025] 2. It is contended by learned counsel for the appellant that appellant has falsely been implicated in this case. Counsel submits that on account of political rivalry, false case has been instituted against the appellant. It is submitted that except offence punishable under Section 333 of BNS, 2023 and offences punishable 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 his date of arrest 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 submits that two other cases have been registered against the appellant. 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 offence punishable under Section 333 of BNS, 2023 and offences punishable under the Atrocities Act, all other offences are bailable in nature and trial will take considerable time in its conclusion as well as looking to the period of custody, but without expressing [2025:RJ-JP:38951] (3 of 3) [CRLAS-2127/2025] 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 21.07.2025 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Jaipur, District Jaipur (Raj.) in Bail Application No. 213/2025 is set aside. It is ordered that the accused-appellant Rajesh @ Jhabu Gurjar Son Of Shri Lilaram arrested in connection with FIR No.143/2025 registered at Police Station Paniyala, 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 appeal (bail) and would not have any impact on the trial of the case in any manner. (ANIL KUMAR UPMAN),J LALIT MOHAN /171