[2025:RJ-JP:34228] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Appeal (Sb) No. 2958/2024 Bhagwan Singh Son Of Chiranjilal, Aged About 30 Years, Resi- dent Of Village Talawada Police Station Khandar District Sawai Madhopur (Raj) (At Present Confined In District Jail, Sawai Mad- hopur) ----Appellant Versus 1. State Of Rajasthan, Through PP 2. Raghuveer Son Of Ramkalyan Bairwa, Resident Of Village Talawada Police Station Khandar, District Sawai Madhopur (Raj) ----Respondents For Appellant(s) : Mr. Girish Khandelwal For Respondent(s) : Mr. N.S. Dhakar, PP with Mr. Gaurav Gupta, Assistant GA HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 27/08/2025 1. The instant appeal has been filed under Section 14A(2) SC/ST (Prevention of Atrocities) Act being aggrieved of the order dated 25.09.2024 passed by learned Special Court, SC/ST (Prevention of Atrocities) Cases, Sawai Madhopur in Bail Application No.154/2024 rejecting the bail application preferred on behalf of the appellant, who is in custody in connection with FIR No.56/2024 registered at Police Station Khandar, District Sawai Madhopur for the offences punishable under Sections 302 & 34 of IPC and Section 3(2)(v) of SC/ST (Prevention of Atrocities) Act, 1989 (Amendment 2015). After completion of investigation, police filed charge-sheet in this matter for the offences punishable under [2025:RJ-JP:34228] (2 of 3) [CRLAS-2958/2024] Sections 302, 341, 323, 307, 504, 506 & 34 of IPC and Sections 3(2)(v), 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. Counsel submits that alleged incident took place in spur of the moment and appellant did not intend to cause death of the deceased. It has been alleged against the appellant that he threw a stone which hit on the head of the deceased due to which he expired. Counsel submits that the deceased sustained single injury which was the cause of death. As far as injuries sustained to other injured persons are concerned, they are superficial injuries which have been opined as simple in nature. It is submitted that looking to the long list of prosecution witnesses, trial is unlikely to be completed in near future. It is contended that there are no criminal antecedents against the appellant. Counsel submits that appellant is in custody since 07.03.2024 and as such, he has suffered incarceration of about one year and five months 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. 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. [2025:RJ-JP:34228] (3 of 3) [CRLAS-2958/2024] 5. Heard learned counsel for the appellant and learned Public Prosecutor. 6. Having regard to the totality of the facts and circumstances; considering the arguments advanced by learned counsel for the parties, especially considering the material available on record, as also the fact that there are no criminal antecedents against the appellant and trial will take considerable time in its conclusion as well as looking to the period of custody which is about 17 months, 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 25.09.2024 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Sawai Madhopur in Bail Application No.154/2024 is set aside. It is ordered that the accused-appellant Bhagwan Singh Son Of Chiranjilal arrested in connection with FIR No.56/2024 registered at Police Station Khandar, District Sawai Madhopur, shall be released on bail, 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 observations made hereinabove are only for decision of the instant appeal (bail) and would not have any impact on the trial of the case in any manner. (ANIL KUMAR UPMAN),J GAUTAM JAIN /270