[2025:RJ-JP:2556] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Appeal (Sb) No. 2952/2024 Ramjeet Son Of Bahadur, Resident Of Bhagatpura Gudla, Police Station, Sadar Karauli, District Karauli (Rajasthan) (Presently Confined In District Jail, Karauli). ----Appellant Versus 1. State Of Rajasthan, Through P.p. 2. Smt. Vimla Wife Of Samay Singh, Aged About 49 Years, Resident Of Bhagatpura (Gudla), District Karauli (Rajasthan). ----Respondents For Appellant(s) : Mr. Rajneesh Gupta, Adv. For Respondent(s) For Complainant : : Ms. Manju Dave, PP Mr. Dharmraj Bairwa, Adv. HON'BLE MR. JUSTICE PRAVEER BHATNAGAR Order 17/01/2025 1. This criminal appeal under Section 14-A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, (hereinafter to be referred as 'the SC/ST Act’) has been filed on behalf of the appellant by being aggrieved with the order dated 24.10.2024 passed by the learned Special Judge S.C./S.T. (Prevention of Atrocities Cases), Karauli (hereinafter to be referred as ‘trial court’) in Criminal Misc. Case No.135/2024, CIS No.135/2024, whereby the trial court has dismissed the bail application filed on behalf of the appellant. 2. The appellant has been arrested in connection with FIR No.150/2024, registered at Police Station Sadar Karauli, District [2025:RJ-JP:2556] (2 of 4) [CRLAS-2952/2024] Karauli, for the offences punishable under Sections 115(2), 126(2), 333, 103(2) of B.N.S. and Section 3(1)(r), 3(1)(s), 3(2) (va) and 3(v) of SC/ST Act. 3. Learned counsel for the appellant submits that the appellant has falsely been involved in this case. It is contended that the name of the appellant has not been mentioned in the FIR. In the FIR, the specific allegations of assault and causing injury to deceased Samay Singh are against the other co-accuse Pinto and Ramkesh. The appellant is in custody since 18.08.2024 and trial of the case may take considerable time, therefore, the appeal of the accused-appellant may be allowed. 4. Learned Public Prosecutor as well as learned counsel appearing on behalf of the complainant have vehemently opposed the appeal. It is submitted by learned counsel for the complainant that prior to the filing of the present FIR, another FIR was lodged by the complainant against the other person Lokesh. The appellant and the other co-accused exert pressure on the complainant to enter into compromise and upon refusal the appellant and the other co-accused assaulted the complainant and deceased Samay Singh after forming an unlawful assembly and thereby caused death of Samay Singh. It is also contended that charge-sheet has already been produced and the material witnesses namely, Krishna, Rakhi and Vimla in their statements rendered under Section 161 of Cr.P.C. have categorically stated about the presence of the appellant. It is further contended that if the appeal of the appellant is allowed then there might arise chances [2025:RJ-JP:2556] (3 of 4) [CRLAS-2952/2024] of tempering with the evidence and the appellant may also threaten the complainant party, therefore, considering the above aspects, the bail appeal may be dismissed. 5. Heard and perused the entire material available on the record. 6. It is not denied that in the FIR name of the appellant is not mentioned, the specific attribution of causing injury to the deceased Samay Singh are against the other co-accused Pinto and Ramkesh. The injuries caused to the other injured Krishna and Vimla are also attributed to Bahadur, Pintu and Ramkeshl. 7. At this juncture, it is not desirable to express anything on the merits of the case, the FIR No.161/2024 registered under Section 74 and 75 of B.N.S. and Section 7/8 of the POCSO Act is against other co-accused Lokesh, considering the above facts and more particularly the fact that name of the appellant is not mentioned in the FIR, without further elaborating on factual aspects, and considering the long incarceration of the appellant, I deem it just and proper to allow the appeal filed by the accused-appellant under Section 14-A of SC/ST Act. 7. Accordingly, this criminal appeal filed under Section 14-A of SC/ST Act is allowed and order dated 24.10.2024, passed by the learned Special Judge S.C./S.T. (Prevention of Atrocities Cases), Karauli is set aside. It is directed that appellant-Ramjeet Son Of Bahadur, shall be released on bail in connection with FIR No.150/2024, registered at Police Station Sadar Karauli, District Karauli, provided he executes a personal bond in a sum of [2025:RJ-JP:2556] (4 of 4) [CRLAS-2952/2024] Rs.50,000/- with two sound and solvent sureties of Rs.25,000/- each to the satisfaction of learned trial court for his appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial. (PRAVEER BHATNAGAR),J Ashwani Kr Srivastava /-70