[2025:RJ-JP:38995] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Appeal (Sb) No. 2434/2025 1. Brijesh S/o Dhansingh, Aged About 31 Years, R/o Dodholi, Police Station Govindgarh, District Alwar, Raj. (Presently Confined In Central Jail Alwar) 2. Kamal S/o Dhansingh, Aged About 25 Years, R/o Dodholi, Police Station Govindgarh, District Alwar, Raj. (Presently Confined In Central Jail Alwar) 3. Jagan S/o Dhansingh, Aged About 22 Years, R/o Dodholi, Police Station Govindgarh, District Alwar, Raj. (Presently Confined In Central Jail Alwar) 4. Charan Singh S/o Hari Singh, Aged About 41 Years, R/o Dodholi, Police Station Govindgarh, District Alwar, Raj. (Presently Confined In Central Jail Alwar) ----Appellants Versus 1. State Of Rajasthan, Through Its PP 2. Ravi Kumar S/o Maha Singh, R/o Doroli, Police Station Govindgarh (Alwar), District Alwar, Raj ----Respondents For Appellant(s) : Mr. Nikhil Saini For Respondent(s) For Complainant(s) : : Mr. N.S. Dhakar, PP with Mr. Gaurav Gupta, Asst. G.A. Mr. Shamsul Aarefin HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 20/09/2025 1. This appeal has been filed under Section 14A(2) SC/ST (Prevention of Atrocities) Act being aggrieved of the order dated 03.09.2025 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Alwar in Bail Application No.304/2025 (CIS No.268/2025) rejecting the bail application preferred on behalf of the appellants, who are in custody in connection with FIR No.240/2025 registered at Police Station Govindgarh (Alwar), District Alwar for offences under Sections 189(2), 115(2), 126(2), [2025:RJ-JP:38995] (2 of 3) [CRLAS-2434/2025] 351(2) & 333 of Bharatiya Nyaya Sanhita, (in short ‘BNS’) 2023 and Sections 3(1)(r), 3(1)(s) and 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. It is contended that cross cases have been registered between the parties and both sides have sustained injuries. Learned counsel submits that omnibus allegations have been levelled against the appellants. It is submitted that appellant- Brijesh is a handicapped person and having disability of above 40%. It is submitted that co-accused- Manisha has been granted benefit of bail by learned trial court. It is argued that as per statement of injured- Maha Singh, he sustained injury on account of pelting of stones. It is argued that there are no criminal antecedents against the appellants and trial will take considerable time in its conclusion. Counsel submits that appellants are in custody since 11.07.2025 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 for bail made in this appeal. It is submitted that one of the injuries sustained to injured has been opined as dangerous to life. 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 parties, especially considering the fact that cross cases have been registered between the parties, as also the fact that as per [2025:RJ-JP:38995] (3 of 3) [CRLAS-2434/2025] statement of injured- Maha Singh, he sustained injury on account of pelting of stones 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 appellants on bail. 6. 6. Consequently, this instant appeal is allowed. The impugned order dated 03.09.2025 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Alwar is set aside. It is ordered that the accused-appellants (1) Brijesh S/o Dhansingh, (2) Kamal S/o Dhansingh, (3) Jagan S/o Dhansingh, and (4) Charan Singh S/o Hari Singh, arrested in connection with aforesaid FIR No.240/2025 registered at Police Station Govindgarh (Alwar), District Alwar, 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. 7. The observations made hereinabove are only for decision of the appeal (bail) and would not have any impact on the trial of the case in any manner. (ANIL KUMAR UPMAN),J CHARU SONI /183