[2025:RJ-JP:217] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Appeal (Sb) No. 3020/2024 Dinesh Singh S/o Harisingh, Aged About 48 Years, R/o Kajda Police Station Pilani District Jhunjhunu (Currently In Judicial Custody At District Jail Jhunjhunu) ----Appellant Versus 1. State Of Rajasthan, Through PP 2. Omprakash S/o Birbalaram, R/o Kajra Police Station Pilani District Jhunjhunu ----Respondents For Appellant(s) : Mr. Ishan Mishra Ms. Rashmi Meena Mr. Rajendra Prasad Yogi Mr. Keshav Bagurjar For Respondent(s) : Mr. Narendra Singh Dhakar, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 02/01/2025 1. This instant appeal has been filed under Section 14(2)(A) SC/ST (Prevention of Atrocities) Act being aggrieved of the common order dated 06.11.2024 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Jhunjhunu in Bail Application No.292/2024 (CIS No.292/2024) rejecting the bail application preferred on behalf of the appellant, who is in custody in connection with FIR No.255/2024 Police Station Pilani, District Jhunjhunu for the offences under Sections 115(2), 126(2) & 3(5) of BNS and Sections 3(1)(r), 3(1)(s) & 3(2)(va) of SC/ST (Prevention of Atrocities) Act. During investigation, offences under Sections 115(2), 126(2), 118(1), 118(2), 117(2), 109 & 3(5) of [2025:RJ-JP:217] (2 of 3) [CRLAS-3020/2024] BNS and Sections 3(1)(r), 3(1)(s) & 3(2)(va) of SC/ST (Prevention of Atrocities) Act have been found proved against the appellant. 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. It is contended that another FIR No.257/2024 registered at the same police station was lodged by the injured against the appellant on 04.09.2024. Learned counsel submit that in the present FIR, complainant/victim Omprakash has sustained one injury which is simple in nature. It is submitted that presently, appellant has no criminal antecedents and he is in custody since 29.10.2024. It submitted that trial of the case will take considerable time 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. He submits that with regard to the same incident, two different FIRs have been lodged against the appellant and in another FIR No.257/2024, two persons have sustained injuries and both have sustained one grievous injury. He further submits that complainant of this case has duly been informed about hearing of this appeal. Despite information, none has put in appearance on behalf of the complainant to oppose this appeal. 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 parties and looking to the fact that cross cases have been [2025:RJ-JP:217] (3 of 3) [CRLAS-3020/2024] registered between the parties; complainant/victim has sustained only one injury which is simple in nature 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. 6. Consequently, these instant appeal is allowed. The impugned order dated 06.11.2024 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Jhunjhunu is set aside. It is ordered that the accused-appellant Dinesh Singh S/o Harisingh, arrested in connection with aforesaid FIR No.255/2024 registered at Police Station Pilani, District Jhunjhunu, 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. (ANIL KUMAR UPMAN),J CHARU SONI /226