[2025:RJ-JP:36826] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Appeal (SB) No. 2167/2025 1. Daud S/o Rafi Khan, Aged About 31 Years, R/o Ward No. 21 Town Bisau Police Station Bisau District Jhunjhunu (Raj) 2. Mubbsir Khan S/o Ibrahim Khan, Aged About 19 Years, R/ o Pithisar Police Station Ratan Nagar District Churu. (At Present Confined In District Jail Jhunjhunu) ----Accused-Appellants Versus 1. State Of Rajasthan, Through P.P. ------Respondent 2. Shekhar Valmiki S/o Rajendra Valmiki, R/o Ward No. 08, Bisau District Jhunjhunu (Raj). ----Complainant-Respondent For Appellant(s) : Mr. Kamlendra Sihag, Adv. For Respondent(s) : Mr. N.S. Dhakar, PP with Mr. Tapesh Agarwal, PP, Mr. Gaurav Gupta, Asstt.G.A. and Ms. Nisha Singh, Adv., with Mr. Ashok Kumar, Adv., for complainant. HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 10/09/2025 1. The instant appeal has been filed under Section 14(A) of SC/ ST (Prevention of Atrocities) Act being aggrieved of the order dated 04.08.2025 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Jhunjhunu in Bail Application No.208/2025 rejecting the bail application preferred on behalf of the appellants, who are in custody in connection with FIR No.92/2025 registered at Police Station Bisau, District Jhunjhunu [2025:RJ-JP:36826] (2 of 3) [CRLAS-2167/2025] for the offences under Sections 189(2), 115(2) & 126(2) of 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. Learned counsel submits that appellants are not named in the FIR and there is no incriminating evidence available on record to make arrest of the appellants. He further submits that arrest of the appellants has been made only on the basis of information furnished by the co-accused Bilal, who is named in the FIR. There is allegation against him to cause injuries. He further submits that arrest memo of the appellants would reveal that they were not arrested with muffled face and no test identification parade was conducted in this matter. He contends that there are no criminal antecedents against the appellants and trial of the case will take considerable time. He argues that appellants are in custody since 31.07.2025 and further custody of the appellants would not serve any fruitful purpose. 3. Per contra, learned Public Prosecutor assisted by learned counsel for the complainant vehemently opposes the prayer of bail made in this appeal. They submit that appellants alongwith other co-accused person namely Bilal caused injuries on the person of the injured and they actively participated in the commission of crime. 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 the [2025:RJ-JP:36826] (3 of 3) [CRLAS-2167/2025] parties and looking to the fact that neither appellants are named in the FIR nor test identification parade was conducted during course of the investigation; absence of criminal antecedents and trial will take time in its conclusion as well as looking to the period of custody, but without expressing any opinion on merits/demerits of this case, this Court deems it just and proper to enlarge the appellants on bail. 7. Consequently, the instant appeal is allowed. The impugned order dated 04.08.2025 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Jhunjhunu is set aside. It is ordered that the accused-appellants- 1. Daud S/o Rafi Khan, and 2. Mubbsir Khan S/o Ibrahim Khan, arrested in connection with aforesaid FIR No.92/2025 registered at Police Station Bisau, District Jhunjhunu, shall be released on bail, if not wanted in any other case, provided each of them shall furnish 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 criminal appeal and would not have any impact on the trial of the case in any manner. (ANIL KUMAR UPMAN),J MADAN/275