[2025:RJ-JP:5343] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Appeal (Sb) No. 3017/2024 Laxmansingh S/o Late Bajrangsingh, R/o Bansi Police Station Laxmangarh District Sikar Rajasthan (At Present Confined In District Jail Sikar) ----Appellant Versus 1. State Of Rajasthan, Through the PP 2. Babu Lal S/o Syam Lal, R/o Bhuma Bada Laxmangarh, District Sikar (Raj) ----Respondents For Appellant(s) : Mr. Kamlendra Sihag For Respondent(s) : Mr. N.S. Dhakad, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 06/02/2025 1. The instant appeal has been filed under Section 14A SC/ST (Prevention of Atrocities) Act being aggrieved of the order dated 04.11.2024 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Sikar (Raj) in Bail Application No.865/2024 rejecting the bail application preferred on behalf of the appellant, who is in custody in connection with FIR No. 247/2024 registered at Police Station Laxmangarh, District Sikar (Rajasthan) for the offences punishable under Sections 331(6), 115(2), 74, 109(1), 351(3) of BNS, Sections 3(1)(r), 3(1)(s), 3(1)(w), 3(2)(v) of SC/St Act & Section 3/25 of Arms Act. Investigation is being conducted in this matter for the offences punishable under Sections 331(6), 126(2), 115(2), 109(1), 352 and 351(1) of BNS [2025:RJ-JP:5343] (2 of 4) [CRLAS-3017/2024] 2023, Section 3/25 of Arms Act and Sections 3(1)(r), 3(1)(s), 3(1) (w), 3(2)(v) of SC/ST Act. 2. It is contended by learned counsel for the appellant that appellant has falsely been implicated in this case. Counsel submits that in connection with an incident occurred on 28.09.2024, FIR No.244/2024 came to be registered against the appellant at Police Station Laxmangarh Sikar for offence under Section 3/25 of the Arms Act. The appellant was arrested in that case on the very same day. It was alleged in the above FIR that the appellant along with co-accused Ranjeet Singh went to the house of Babulal Nayak and made several rounds of gunfire. The co-accused Ranjeet Singh fled away from there whereas the appellant was apprehended at the spot. Learned counsel contends that after registration of the above FIR (No.244/2024), another FIR (No.247/2024) has been registered with false and frivolous allegations. He argues that a perusal of the FIR (No.247/2024) would reveal that apart from levelling false and frivolous allegations of threatening, the incident alleged in the FIR (No.244/2024) has been reiterated in it. It is submitted that the pistol, allegedly recovered from the appellant was not in working condition as also, no one sustained any injury in the alleged incident. The appellant has been arrested in connection with present FIR on 09.10.2024. Charge-sheet has been filed in the court concerned and trial of the case will take considerable time. Further custody of the appellant would not serve any fruitful purpose. [2025:RJ-JP:5343] (3 of 4) [CRLAS-3017/2024] 3. Per contra, learned Public Prosecutor opposes the prayer of appeal. He submits that victim/complainant has duly been informed about hearing of this appeal and despite information, no one has put in appearance on behalf of victim/complainant. 4. Heard learned counsel for the appellant and learned Public Prosecutor. 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 the appellant, as also the material available on record in the form of charge-sheet; trial will take considerable time in its conclusion and looking to the custody period of the appellant, 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, the instant appeal is allowed. The impugned order date 04.11.2024 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Sikar (Raj) in Bail Application No.865/2024 is set aside. It is ordered that the accused-appellant Laxmansingh S/o Late Bajrangsingh arrested in connection with FIR No.247/2024 registered at Police Station Laxmangarh District Sikar (Rajasthan), 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. 7. It is made clear that the accused-appellant shall not involve in any other offence(s) during currency of the bail and he shall [2025:RJ-JP:5343] (4 of 4) [CRLAS-3017/2024] mark his presence in first week of every month in the concerned police station. 8. Concerned SHO is directed to maintain a register recording the attendance of the petitioner, as directed above. In case the petitioner fails to mark his presence in the concerned police station, as directed above, the concerned SHO is directed to immediately report the matter to the concerned Court in this regard. 9. If any breach of these conditions 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 him by this Court. 10. The observation made hereinabove is only for decision of the instant appeal and would not have any impact on the trial of the case in any manner. (ANIL KUMAR UPMAN),J PCG/322