[2025:RJ-JP:3162] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Appeal (Sb) No.3107/2024 Banwari Lal S/o Laxmanram, Aged About 35 Years, R/o Palsana P.S. Ranoli District Sikar Currently Resident Of House No.806, Choradiya Apartment Marble Mandi Chorha Kalwad Road, P.s. Karghani Jaipur (Presently Accused Petitioner is Confined In Central Jail Jaipur) ----Appellant Versus 1. State Of Rajasthan, Through Public Prosecutor 2. Vinod Sankhla S/o Sh. Kishan Lal, Aged About 49 Years, R/o H.no. D-367, D-Block Malviya Nagar, Police Station Jawahar Circle Jaipur ----Respondents For Appellant(s) : Mr. Deepak Chauhan, Adv. For Respondent(s) For Complainant : : Mr. Shree Ram Dhakar, PP Mr. Narendra Singh Gurjar, Adv. HON'BLE MR. JUSTICE PRAVEER BHATNAGAR Order 22/01/2025 1. This criminal appeal under Section 14-A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter to be referred as 'the SC/ST Act’) has been filed on behalf of the appellant being aggrieved with the order dated 16.11.2024, passed by the learned Special Court, S.C./S.T. (Prevention of Atrocities Cases), Jaipur Metropolitan-I (hereinafter to be referred as ‘trial court’) in Bail Application Bearing No.261/2024 (CIS No.2431/2024), whereby the trial court has dismissed the bail application filed on behalf of the appellant. [2025:RJ-JP:3162] (2 of 4) [CRLAS-3107/2024] 2. The appellant has been arrested in connection with FIR No.929/2024, registered at Police Station Pratapnagar (Jaipur City (East), District Jaipur City (East), for the offences punishable under Sections 318(4), 338, 336(3), 340(2) and 61(2)(a) of BNS and Section 3(2)(v) of SC/ST Act. 3. Learned counsel for the appellant submits that the appellant has falsely been implicated in this case. It is contended that the accused-appellant is behind the bars since 04.11.2024 and further investigation/submission of charge-sheet will take considerable time, the matter is exclusively triable by Magistrate. It is also contended that that accused-appellant was allottee of the Plot No.17-A and the accused-appellant did not forge any documents nor cheated the complainant, the accused-appellant has sold the said property to Kuldeep. It is argued that the purchaser Kuldeep filed a civil suit before the Court and after filing of the same, this FIR was filed and the accused-appellant has falsely been implicated in this case. The dispute between the parties is entirely a civil dispute, the complainant being Police Official has misused his power and filed the criminal complaint against the accused- appellant, 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 the complainant was bona-fide purchaser of the plot and the patta was issued previously for the plot number 17 and later on it [2025:RJ-JP:3162] (3 of 4) [CRLAS-3107/2024] was revised as B-165. The accused-appellant was never granted any allotment by the concerned Allotting Authority or the Society. It is further contended that from the possession of the accused- appellant forged stamp seal of Indira Nagar Sahkari Samiti and pattas were recovered. The accused-appellant is a habitual offender and was found to be involved in four cases. It is also contended that the accused-appellant has also forged another patta and on the basis of allotment the accused-appellant has taken electricity connection in the disputed plot and later on it was disconnected, therefore, considering the above facts, the bail of the accused-appellant may be dismissed. 5. Heard and perused the material available on the record. 6. It is not desirable to express anything on the merits of the case and considering the fact that the accused-appellant is behind the bars since 79 days and the matter is exclusively triable by Magistrate, further trial of the case may take considerable time, therefore, 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 16.11.2024, passed by the learned Special Court, S.C./S.T. (Prevention of Atrocities Cases), Jaipur Metropolitan-I is hereby set aside. It is directed that appellant-Banwari Lal S/o Laxmanram, shall be released on bail in connection with FIR No.929/2024, registered at Police Station Pratapnagar (Jaipur City (East), District Jaipur City (East), provided he executes a personal bond in a sum of Rs.50,000/- [2025:RJ-JP:3162] (4 of 4) [CRLAS-3107/2024] 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 /-187