[2025:RJ-JP:35306] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Appeal (Sb) No. 2285/2025 Rakesh Kumar S/o Kurdaram, Aged About 28 Years, Resident Of Ward Number 1 Dudi Nagar Narthala, Bhaudki, Police Station Gudhagaurji, District Jhunjhunu. (Accused Presently Confined In District Jail, Jhunjhunu) ----Appellant Versus 1. State Of Rajasthan, Through Public Prosecutor 2. Anil Kumar S/o Karniram Meghwal, Resident Of Todi, Police Station Gudha, District Jhunjhunu (Rajasthan). ----Respondents For Appellant(s) : Mr. Arpan Kumar Sharma with Ms. Naina Soni For Respondent(s) : Mr. N.S. Dhakar, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 03/09/2025 1. This instant appeal has been filed under Section 14A(2) SC/ST (Prevention of Atrocities) Act being aggrieved of the order dated 12.08.2025 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Jhunjhunu in Bail Application No.06/2025 (CIS No.06/2025) rejecting the bail application preferred on behalf of the appellant, who is in custody in connection with FIR No.274/2025 registered at Police Station Gudha, District Jhunjhunu for the offences under Sections 189(2), 115(2), 126(2) & 127(2) of Bharatiya Nyaya Sanhita, (in short ‘BNS’) 2023 and Sections 3(1)(r) & 3(1)(s) of SC/ST (Prevention of Atrocities) Act, 1989 (Amendment 2015). Investigation is being conducted in this matter for the offences punishable under [2025:RJ-JP:35306] (2 of 3) [CRLAS-2285/2025] Sections 189(2), 115(2), 126(2), 127(2), 140(3), 324(4), 351(2) & 352 of 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). 2. It is contended by learned counsel for the appellant that appellant has falsely been implicated in this case. It is contended that all the injuries sustained to injured have been opined as simple in nature. It is submitted that other co-accused persons namely Rajesh Kumar, Raghuveer & Jagan Singh have already been granted benefit of bail by this court. Counsel submits that appellant is in custody since long and further custody of the appellant would not serve any fruitful purpose. 3. Per contra, learned Public Prosecutor opposes the prayer of bail made in this appeal. He submits that appellant has brutally beaten up the victim however, he fairly concedes that all the injuries sustained to injured have been opined as simple in nature. Counsel further submits that victim/complainant of this case 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. 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 appellant as also considering the nature of injuries and the material available on record as well as looking to the custody period, but without expressing any opinion on merits/demerits of [2025:RJ-JP:35306] (3 of 3) [CRLAS-2285/2025] this case, this Court deems it just and proper to enlarge the appellants on bail. 7. Consequently, this instant appeal is allowed. The impugned order dated 12.08.2025 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Jhunjhunu is set aside. It is ordered that the accused-appellant Rakesh Kumar S/o Kurdaram, arrested in connection with aforesaid FIR No.274/2025 registered at Police Station Gudha, District Jhunjhunu, shall be released on bail, provided he 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 appeal (bail) and shall not have any impact on the trial of the case in any manner. (ANIL KUMAR UPMAN),J GAUTAM JAIN /63