HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Appeal (Sb) No. 2082/2024 Kailash Jat Son Of Gogaram, Aged About 19 Years, Resident Of Ramnagar Police Station Kotkhavda District Jaipur Rural (At Present In Central Jail, Jaipur) ----Appellant Versus 1. State Of Rajasthan, Through P.p 2. Nandaram Son Of Jodharam, Aged About 20 Years, Resident Of Ramjanipura, Police Station Kotkhavda, Jaipur South (Raj) ----Respondents For Appellant(s) : Mr. Rajesh Sharma For Respondent(s) : Mr. M.S. Shekhawat, PP Mr. Anant Sharma, for complainant HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 29/01/2025 1. The instant appeal has been filed under Section 14A of SC/ST (Prevention of Atrocities) Act being aggrieved of the order dated 14.08.2024 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Jaipur Metropolitan First (Raj.) in Bail Application No. 204/2024, CIS NO.1759/2024 rejecting the bail application preferred on behalf of the appellant, who is in custody in connection with FIR No.0184/2024 registered at Police Station Kotkhavda, District Jaipur City (South) (Raj.) for the offences punishable under Sections 191(2), 115(2), 103(1) & 61(2)(a) of BNS, 2023 and Section 3(2)(v) of SC/ST (Prevention of Atrocities) Act, 1989 (Amended 2015). (2 of 3) [CRLAS-2082/2024] 2. It is contended by learned counsel for the appellant that appellant has falsely been implicated in this case. Counsel submits that there is no allegation against the appellant to cause any injury on the person of the deceased as well as other injured. The only allegation against the appellant is that he dropped the co- accused person on a motorcycle near the hotel where the injured and deceased were sleeping. Counsel submits that trial of the case will take considerable time. Appellant is in custody since 18.07.2024. Charge-sheet has been filed. Further custody of the appellant 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. 4. Heard learned counsel for the appellant, learned Public Prosecutor assisted by learned counsel for the complainant. 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 both the parties especially looking to the fact prima fqacie, there is no allegation against him of causing injury to anyone; trial will take considerable time as well as looking to the custody period, but without expressing 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 14.08.2024 passed by the Special Judge, SC/ST (Prevention Of Atrocities) Cases, Jaipur Metropolitan First (Raj.) is (3 of 3) [CRLAS-2082/2024] set aside. It is ordered that the accused-appellant- Kailash Jat Son Of Gogaram, arrested in connection with aforesaid FIR No. 0184/2024 registered at Police Station Kotkhavda, District Jaipur City (South) (Raj.), 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 observation made hereinabove is 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 ANANDTANWAR/223