[2025:RJ-JP:2782] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Appeal (SB) No. 2981/2024 1. Sanwar Lal S/o Mewaram, Aged About 29 Years, 2. Chotu S/o Mewaram, Aged About 23 Years, 3. Sajjan Gurjar S/o Mewaram, Aged About 20 Years, All R/o Village Pagara P.S. Pisangan Distt. Ajmer (Raj) (At Present Confined In District Jail Ajmer) ----Accused-Appellants Versus 1. State Of Rajasthan, Through P.P. 2. Ganpat S/o Hariram, R/o Pagara Pisangan Ajmer (Raj). ----Complainant-Respondents For Appellant(s) : Mr. Amit Dadhich, Adv. For Respondent(s) : Mr. Amit Kumar Gupta, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 20/01/2025 1. This instant appeal has been filed under Section 14A SC/ST (Prevention of Atrocities) Act being aggrieved of the order dated 25.10.2024 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Ajmer (Raj) in Bail Application No.1034/2024 rejecting the bail application preferred on behalf of the appellants, who are in custody in connection with FIR No.146/2024, Police Station Pisangan, District Ajmer for the offences under Sections 115(2), 118(1), 126(2), 3(5) of BNS, 2023 and Sections 3(2)(va), 3(1)(r), 3(1)(S) of SC/ST (Prevention of Atrocities) Act, 1989 (Amendment 2015). Later on, Police has filed charge-sheet in this matter for the offences punishable under Sections 115(2), 118(1), [2025:RJ-JP:2782] (2 of 3) [CRLAS-2981/2024] 126(2), 3(5), 117(2), 110 of BNS, 2023 and Sections 3(2)(va), 3(1)(r), 3(1)(S) of SC/ST (Prevention of Atrocities) Act. 2. It is contended by learned counsel for the appellants that appellants have falsely been implicated in this case. Learned counsel submits that after investigation, Police has submitted charge-sheet in this matter for the offences punishable under Sections 115(2), 118(1), 126(2), 3(5), 117(2), 110 of BNS, 2023 and Sections 3(2)(va), 3(1)(r), 3(1)(S) of SC/ST (Prevention of Atrocities) Act. He argues that there are no criminal antecedents against the appellants and trial of the case will take considerable time. He further argues that the appellants are in custody since 24.10.2024 and further custody of the appellants would not serve any fruitful purpose. 3. Learned Public Prosecutor opposes the prayer of bail made in this appeal. He submits that complainant/victim of this case has been duly informed about hearing of this criminal appeal. 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 as also looking to the fact that charge-sheet has been filed; absence of criminal antecedents and trial of the case will take time in its conclusion as well as looking to the period of custody, 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:2782] (3 of 3) [CRLAS-2981/2024] 7. Consequently, this instant appeal is allowed. The impugned order dated 25.10.2024 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Ajmer (Raj) is set aside. It is ordered that the accused-appellants – 1. Sanwar Lal S/o Mewaram, 2. Chotu S/o Mewaram and 3. Sajjan Gurjar S/o Mewaram arrested in connection with aforesaid FIR No.146/2024, Police Station Pisangan, District Ajmer, shall be released on bail, if not wanted in any other case, provided each of them 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 observation made hereinabove is only for decision of this criminal appeal and would not have any impact or bearing on the trial. (ANIL KUMAR UPMAN),J MADAN/362