[2025:RJ-JP:38961] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Appeal (Sb) No. 2366/2025 Bhojraj Son Of Shri Nathulal, Aged About 35 Years, Resident Of Gram Kundi Shakarwada, Police Station Nahargarh, District Baran At Present Tenant At Sanjay Meena Ka Makaan, Gobriya Bawadi, Police Station Anantpura, Kota (Raj.) (At Present Confined In District Jail Kota) ----Appellant Versus 1. State Of Rajasthan, Through Public Prosecutor 2. Umesh Mahawar S/o Shri Vinod Mahawar, R/o C-917 Prem Nagar, Afforteble Yojana, Udhyog Nagar, Kota City District Kota ----Respondents For Appellant(s) : Mr. Pawan Kumar Verma For Respondent(s) : Mr. N.S. Dhakar, PP with Mr. Gaurav Gupta, Asst. G.A. HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 20/09/2025 1. This appeal under Section 14A(2) SC/ST (Prevention of Atrocities) has been filed being aggrieved of the order dated 28.08.2025 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Kota in Bail Application (CIS) No.154/2025 rejecting the bail application preferred on behalf of the appellant, who is in custody in connection with FIR No.202/2025 registered at Police Station Anantpura, District Kota City for offences under Sections 126(2), 115(2) & 110 of Bharatiya Nyaya Sanhita (in short, ‘BNS’), 2023 and Sections 3(1)(r) & 3(2)(va) of SC/ST (Prevention of Atrocities) Act, 1989 (Amendment 2015). [2025:RJ-JP:38961] (2 of 3) [CRLAS-2366/2025] Investigation is being conducted for offences punishable under Sections 115(2), 126(2), 110 & 118(1) of BNS, 2023 and Sections 3(1)(r) & 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 submitted that injuries sustained to injured have been opined as simple in nature. It is submitted that alleged incident took place in spur of the moment. It is submitted that trial will take considerable time in its conclusion. Counsel submits that appellant is in custody since 26.08.2025 and further custody of the appellant would not serve any fruitful purpose. 3. Per contra, learned Public Prosecutor opposes the prayer for bail made in this appeal. He submits that victim/complainant of this case has duly been informed about hearing of this appeal. 4. Despite information, no one has put in appearance on behalf of the victim/complainant to oppose this appeal (bail). 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, especially considering the fact that injuries sustained to injured have been opined as simple in nature and trial will take considerable time in its conclusion 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. [2025:RJ-JP:38961] (3 of 3) [CRLAS-2366/2025] 7. Consequently, this instant appeal is allowed. The impugned order dated 28.08.2025 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Kota is set aside. It is ordered that the accused-appellant Bhojraj Son Of Shri Nathulal, arrested in connection with aforesaid FIR No.202/2025 registered at Police Station Anantpura, District Kota City 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. 8. The observations made hereinabove are only for decision of the appeal (bail) and shall not have any impact on the trial of the case in any manner. (ANIL KUMAR UPMAN),J CHARU SONI /180