[2025:RJ-JP:3276] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Appeal (Sb) No. 2153/2024 Narendra Suman S/o Shivnarayan, Aged About 31 Years, R/o Mahadev Temple Ke Peeche, Ranibarod, Thana Kishanganj District Baran Rajasthan (At Present Appellant Confined At District Jail Baran (Raj) ----Appellant Versus 1. State Of Rajasthan, Through PP 2. Durga Shankar S/o Prabhulal, Aged About 45 Years, R/o Ranibarod P.S. Kishanganj, District Baran Rajasthan ----Respondents For Appellant(s) : None present. For Respondent(s) : Mr. N.S. Dhakar, PP Mr. Shafat Rahim Khan, for complainant HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 15/01/2025 1. This instant appeal has been filed under Section 14(2)(A) SC/ST (Prevention of Atrocities) Act being aggrieved of the order dated 05.08.2024 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Baran in Bail Application No.223/2024 rejecting the bail application preferred on behalf of the appellant, who is in custody in connection with FIR No.167/2024 registered at Police Station Kishanganj, District Baran for the offences under Sections 115(2), 103(1) & 3(5) of BNS and Sections 3(1)(r) & 3(2)(va) of SC/ST (Prevention of Atrocities) Act. Charge-sheet has been filed for offences under [2025:RJ-JP:3276] (2 of 3) [CRLAS-2153/2024] Sections 103(1), 115(2), 333 & 3(5) of BNS and Sections 3(1)(r), 3(2)(v) & 3(2)(va) of SC/ST (Prevention of Atrocities) Act. 2. None appeared on behalf of the appellant. However, it is mentioned in the instant appeal that appellant has falsely been implicated in this case. As per the FIR, the deceased was in drunken condition at the time of alleged incident and was abusing on road, upon which, Narendra S/o Shri Ghansilal and Narendra S/o Shri Shiv Narayan came there and asked him not to do such thing. There occurred a scuffle between them in which, the accused persons gave beatings to him with kicks and fist blows. There was no intention of the accused appellant to cause his death. The deceased was in drunken condition. No deadly weapon was used in the alleged incident. No external mark of injury is seen on the dead body. As per post-mortem report, cause of death is hemorrhagic shock due to rupture of spleen and internal bleeding. As per the order of learned court below, the appellant has no criminal antecedents and he is in custody since 15.07.2024. Charge-sheet has been filed and trial will take time in its conclusion. 3. Per contra, learned Public Prosecutor assisted by learned counsel for the complainant vehemently oppose the prayer of bail made in this appeal. 4. Heard. Perused the material available on record. 5. Having regard to the totality of the facts and circumstances as also looking to the fact that appellant has no criminal antecedents; the deceased was in drunken condition and was using abusive language on road; the incident occurred at the spur [2025:RJ-JP:3276] (3 of 3) [CRLAS-2153/2024] of moment; no deadly weapon was used in commission of the crime; he is in custody since 15.07.2024 and trial will take time in its conclusion, but without expressing any opinion on merits/demerits of this case, this Court deems it just and proper to enlarge the appellant on bail. 6. Consequently, this instant appeal is allowed. The impugned order dated 05.08.2024 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Baran is set aside. It is ordered that the accused-appellant Narendra Suman S/o Shivnarayan, arrested in connection with aforesaid FIR No. 167/2024 registered at Police Station Kishanganj, District Baran, shall be released on bail, if not wanted in any other case, 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. 7. The observation made hereinabove is only for decision of this appeal and would not prejudice trial in any manner. (ANIL KUMAR UPMAN),J CHARU SONI /337