[2025:RJ-JP:213] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Appeal (SB) No. 2876/2024 Ramesh Kumar @ Sethi S/o Sher Singh Jat, Aged About 28 Years, Resident Of Dhatarwalo Ka Wass Police Station Chirawa, District Jhunjhunu Presently Tenant Of Surender Vishnoi, Roll Express Ke Pass Patel Marg, Police Station Shipra Path, District Jaipur. (At Present Confined In Central - Jail Jaipur). ----Accused-Appellant Versus 1. State Of Rajasthan, Through P.P. 2. Surendra Meena S/o Banne Singh, Aged About 23 Years, R/o Nagar Palika Police Station Behror, District Kotputli Presently Tenant Of House No. 71/220, Paramhansh Marg, Shipra Path, Jaipur. ----Respondents For Appellant(s) : Mr. K.N. Sharma, Adv. with Mr. Pankaj Choudhary, Adv. For Respondent(s) : Mr. N.S. Dhakad, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 02/01/2025 1. This instant appeal has been filed under Section 14A SC/ST (Prevention of Atrocities) Act being aggrieved of the order dated 18.10.2024 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Jaipur Metropolitan-I (Raj) in Bail Application No.251/2024 rejecting the bail application preferred on behalf of the appellant, who is in custody in connection with FIR No.799/2024 Police Station Shipra Path, District Jaipur City (South) for the offences under Sections 115(2), 126(2), 191(2), 324(4), 333 & 109(1) of IPC and Sections 3(1)(r), 3(1)(s) & 3(2) (v) of SC/ST (Prevention of Atrocities) Act. Investigation is being conducted for the offences punishable under Sections 115(2), [2025:RJ-JP:213] (2 of 3) [CRLAS-2876/2024] 126(2), 191(2), 324(4), 331(6) & 109(1) of IPC and Sections 3(1) (r)(s) & 3(2)(v) of SC/ST (Prevention of Atrocities) Act. 2. It is contended by learned counsel for the appellant that appellant has falsely been implicated in this case. Learned counsel submits that false averment has been made in the FIR. He further submits that in fact, petitioner and injured were taking liquor and in spur of the moment occurrence took place. He argues that all the injuries sustained to injured are simple in nature. He further argues that there are no criminal antecedents against the petitioner and trial of the case will take considerable time. He contends that the appellant is in custody since 13.10.2024 and further custody of the appellant would not serve any fruitful purpose. 3. Per contra, learned Public Prosecutor vehemently opposes the prayer of bail made in this appeal. He submits that seven injuries have been found on the person of the injured. However, he fairly submits that all the injuries are simple in nature according to the case diary. He further submits that complainant/victim of this case has been duly informed through phone and his whatsapp number about hearing of this bail application. 4. Despite information, no one has appeared on behalf of the complainant. 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 both the parties and looking to the fact that all the injuries sustained to [2025:RJ-JP:213] (3 of 3) [CRLAS-2876/2024] injured are simple in nature; absence of criminal antecedents 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, this instant appeal is allowed. The impugned order dated 18.10.2024 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Jaipur Metropolitan-I (Raj) is set aside. It is ordered that the accused-appellant – Ramesh Kumar @ Sethi S/o Sher Singh Jat arrested in connection with aforesaid FIR No.799/2024 Police Station Shipra Path, District Jaipur City (South), 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. (ANIL KUMAR UPMAN),J MADAN/S-225