[2025:RJ-JP:3386] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Appeal (Sb) No. 2983/2024 Anil Son Of Shri Mataprasad, Resident Of Village Samona Thana Rajakhera District Dholpur (Accused Is In Judicial Custody At District Jail Dholpur) ----Appellant Versus 1. State Of Rajasthan, Through Public Prosecutor 2. Patiram Son Of Late Shri Dwarika Prasad, Resident Of Village Samona Thana Rajakhera District Dholpur (Raj) ----Respondents For Appellant(s) : Mr. Neeraj Sharma For Respondent(s) : Mr. N.S. Dhakar, PP Mr. Lakhan Singh Jadoun, for complainant HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 23/01/2025 1. This instant appeal has been filed under Section 14(2)(A) SC/ST (Prevention of Atrocities) Act being aggrieved of the order dated 19.10.2024 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Dholpur in Bail Application No.158/2024 rejecting the bail application preferred on behalf of the appellant, who is in custody in connection with FIR No.309/2024 registered at Police Station Rajakheda, District Dholpur for the offences under Sections 115(2), 126(2), 189(2), 351(2) & 109(1) of BNS and Sections 3(1)(r), 3(1)(s) & 3(2)(v) of SC/ST (Prevention of Atrocities) Act. Charge-sheet has been filed for offences punishable under Sections 115(2), 126(2), 351(2), 3(5) & 109(1) of BNS and Sections 3(1)(r), 3(1)(s), 3(2)(va) & [2025:RJ-JP:3386] (2 of 3) [CRLAS-2983/2024] 3(2)(v) of SC/ST (Prevention of Atrocities) Act and Sections 3/25 of Arms Act. 2. It is contended by learned counsel for the appellant that appellant has falsely been implicated in this case. It is contended that cross cases have been registered between the parties. Learned counsel submits that appellant is himself injured and as per the medical opinion, he sustained life threatening injury. It is submitted that victim has sustained firearm injury on the non vital part of the body. It is argued that appellant is in custody since 08.10.2024. Charge-sheet has been filed and trial will take time in its conclusion. Further custody of the appellant would not serve any fruitful purpose. 3. Per contra, learned Public Prosecutor assisted by learned counsel for the complainant vehemently oppose the prayer of bail made in this appeal. They submit that there is allegation against the appellant to cause firearm injury on the leg of the victim and he was carrying arms without license. It is submitted that nine other cases have been registered against the appellant. 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 both the appellant and especially considering the fact that cross cases have been registered between the parties; appellant is in custody since 08.10.2024; charge-sheet has been filed and trial will take time in its conclusion, 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:3386] (3 of 3) [CRLAS-2983/2024] 6. Consequently, these instant appeal is allowed. The impugned order dated 19.10.2024 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Dholpur is set aside. It is ordered that the accused-appellant Anil Son Of Shri Mataprasad, arrested in connection with aforesaid FIR No.309/2024 registered at Police Station Rajakheda, District Dholpur, 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. 7. Appellant is directed to mark his presence in the concerned police station in the first week of every month, till trial is concluded. If breach of this condition is reported or come to the notice of the Court, the same shall alone be a reason for the trial court to cancel the bail granted to appellant by this Court. (ANIL KUMAR UPMAN),J CHARU SONI /267