[2025:RJ-JP:33919] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Appeal (Sb) No. 2179/2025 Chandrabhan S/o Shree Chiranji, Aged About 34 Years, R/o Arauda Police Station Sadar Bayana District Bharatpur (At Present Confined In Central Jail Bharatpur) ----Appellant Versus 1. State Of Rajasthan, Through Pp 2. Govind S/o Phool Singh, R/o Nagla Aruda Police Station Bayana District Bharatpur. ----Respondents For Appellant(s) : Mr. Krishna Singh, Adv. For Respondent(s) For Complainant : : Mr. Shree Ram Dhakar, PP Mr. Himmat Singh, Adv. HON'BLE MR. JUSTICE PRAVEER BHATNAGAR Order 26/08/2025 1. The criminal appeal under Section 14A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter to be referred as 'the SC/ST Act’) has been filed on behalf of the appellant being aggrieved with the order dated 02.08.2025 passed by the learned Special Judge S.C./S.T. (Prevention of Atrocities Cases), Bharatpur (hereinafter to be referred as ‘trial court’) whereby the trial court has dismissed the bail application filed on behalf of the appellant. 2. The appellant has been arrested in FIR No.82/2024, registered at Police Station Sadar Bayana, District Bharatpur for the offence(s) punishable under Sections 147, 148, 149, 307, 323, [2025:RJ-JP:33919] (2 of 3) [CRLAS-2179/2025] 341, 435, 504 & 506 of IPC and Sections 3(1)(r) and 3(1)(s) and 3(2)(va) of SC/ST Act. 3. Learned counsel for the appellant submits that accused- appellant has falsely been implicated in the present case. It is contended that co-accused Devi Singh against whom specific attribution of causing firearm injury to injured Deepak was made has been already enlarged on bail by the trial Court vide order dated 16.07.2025. It is alleged against the appellant that he has caused firearm injury to injured Deepak and Paswan. However, no recovery of any firearm were effected from the possession of the appellant. It is also contended that a cross case was lodged by the petitioner-party against the complainant and the petitioner party also sustained injury. The incident occurred suddenly without any premeditation and there was no murderous intention to cause injuries. The accused-appellant is in custody since 27.07.2025 and further of the trial/investigation of the case may take considerable time, therefore, the appeal of the accused-appellant may be allowed. 4. Mr. Himmat Singh, Advocate appearing on behalf of the complainant concedes that both the parties have arrived at an amicable settlement and if the bail application of the appellant is allowed then the complainant has no objection. 5. Learned Public Prosecutor has vehemently opposed the prayer made on behalf of the appellant and contended that the appellant and other co-accused namely Devi Singh and Ram Raj opened fire which resulted into dangerous to life injury to injured Deepak and Paswan therefore, the appeal of the accused-appellant may be dismissed. [2025:RJ-JP:33919] (3 of 3) [CRLAS-2179/2025] 6. Heard and perused the material available on record. 7. In the statement rendered under Section 161 of Cr.P.C. the witnesses namely- Govind, Narayan Singh and Arvind have stated that firearm injuries was caused by Devi Singh to injured Deepak. Injured Paswan in his statements has attributed the injury caused by firearm to other co-accused Ram Raj. The investigation against the other co-accused Ram Raj is still pending, therefore, without expressing anything on the merits of the case, and considering the fact that the injuries sustained to injured Deepak is attributed to Devi Singh and Devi Singh has already been enlarged on bail by the learned trial Court, this Court deems it proper to allow the appeal filed by the accused-appellant under Section 14-A(2) of SC/ST Act. 8. Accordingly, the criminal appeal filed under Section 14-A(2) of SC/ST Act is allowed and order dated 02.08.2025 passed by the learned Special Judge S.C./S.T. (Prevention of Atrocities Cases), Bharatpur is set aside. It is directed that appellant- Chandrabhan S/o Shree Chiranji, shall be released on bail in connection with FIR No.82/2024 registered at Police Station Sadar Bayana, District Bharatpur, provided he executes a personal bond in a sum of Rs.50,000/- with two sound and solvent sureties of Rs.25,000/- each to the satisfaction of learned trial court for his appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial. (PRAVEER BHATNAGAR),J Ashwani Kr Srivastava /-11