[2025:RJ-JP:31211] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Appeal (Sb) No. 2152/2025 Rajendra Kumar S/o Shri Beersingh, Aged About 24 Years, R/o Harsoli, Police Station Khairthal, District Khairthal-Tijara (Rajasthan). (At Present Confined In Central Jail Alwar, District Alwar). ----Appellant Versus 1. State Of Rajasthan, Through P.P. 2. Ashish Kumar S/o Mansingh, R/o Tinkirudi, Mundawar, Khairthal-Tijara, Rajasthan. ----Respondents For Appellant(s) : Mr. Kuldeep Yadav For Respondent(s) : Mr. Manvendra Singh, PP, Mr. Umesh Dixit for complainant HON'BLE MR. JUSTICE PRAVEER BHATNAGAR Order 12/08/2025 1. The instant appeal has been filed under Section 14A(2) SC/ST (Prevention of Atrocities) Act, 1989 on behalf of the appellant, who is in custody in connection with F.I.R. No.283/2024 dated 10.07.2024, registered at Police Station Khairthal, District Khairthal-Tijara for the offences under Sections 109(1), 126(2), 307, 351(3) and 324(6) of BNS and Section 5/25 of Arms Act and Section 3(2)(v) of SC/ST (Prevention of Atrocities) Act, aggrieved by order dated 28.07.2025, passed by the learned Special Judge, SC/ST (Prevention of Atrocity) Cases, Alwar whereby, the third bail application preferred under Section 483 of BNSS on behalf of the appellant was rejected. [2025:RJ-JP:31211] (2 of 3) [CRLAS-2152/2025] 2. Learned counsel for the appellant submits that the appellant has falsely been implicated in the case. He further submits that PW-1 Yashwant, who is injured in the present case has turned hostile and not supported the prosecution story, in his cross- examination by learned Public Prosecutor, he has denied the prosecution story, whereby, it is alleged that the petitioner along with the other co-accused caused injuries to him. He also submits that compromise have been arrived at between the appellant and the injured. The petitioner is in custody since long and the other co-accused have already been enlarged on bail, and further trial of the case may take considerable time, therefore, considering the above facts, the appeal of the accused-appellant may be allowed. 3. Per contra, learned Public Prosecutor vehemently opposes the arguments advanced on behalf of the appellant. 4. Learned counsel for the complainant/injured concedes that the appellant and the complainant have arrived at compromise and if the appeal of the accused-appellant is allowed, then he has no objection. 4. Heard and perused the material available on record. 5. Considering the arguments advanced by learned counsel for the appellant and so also the deposition of PW-1 Yashwant before the Trial Court, without commenting anything on the merits of the case, I deem it just and proper to allow the appeal. 6. Consequently, the instant appeal is allowed and the impugned order dated 28.07.2025, passed by the learned Special Judge, SC/ST (Prevention of Atrocity Cases), Alwar is hereby quashed and set aside. It is ordered that the accused-appellant [2025:RJ-JP:31211] (3 of 3) [CRLAS-2152/2025] Rajendra Kumar S/o Shri Beersingh, who is in custody in connection with F.I.R. No.283/2024 dated 10.07.2024, registered at Police Station Khairthal, District Khairthal-Tijara, shall be released on bail; provided he furnishes a personal bond in the sum of Rs.50,000/- and two surety bonds 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 accused-appellant is also directed to mark his presence on 25th of every month till conclusion of trial before the concerned police station. The SHO of the concerned police station is directed to maintain a regular register for marking the presence of the accused-appellant and shall send the presence report of the accused- appellant on the same day to the concerned Trial Court without any delay. In case of any breach to the above condition, the learned Public Prosecutor shall be free to move the application against the appellant for cancellation of the bail before the concerned Court. (PRAVEER BHATNAGAR),J Keshav/9