[2025:RJ-JP:4205] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Appeal (Sb) No. 3172/2024 1. Devendra S/o Guljari, R/o Kurri Ka Pura, Police Station Kanchanpur, District Dholpur. (At Present Confined In District Jail, Dholpur) 2. Hemsingh @ Holi S/o Bhogiram, R/o Kurri Ka Pura, Police Station Kanchanpur, District Dholpur. (At Present Confined In District Jail, Dholpur) 3. Radheyshyam S/o Bhogiram, R/o Kurri Ka Pura, Police Station Kanchanpur, District Dholpur. (At Present Confined In District Jail, Dholpur) 4. Guljari S/o Jagman, R/o Kurri Ka Pura, Police Station Kanchanpur, District Dholpur. (At Present Confined In District Jail, Dholpur) ----Appellants Versus 1. State Of Rajasthan, Through PP 2. Tarachand S/o Rambabu, R/o Kurri Ka Pura, Police Station Kanchanpur, District Dholpur. ----Respondents For Appellant(s) : Mr. Anil Jain For Respondent(s) : Mr. N.S. Dhakar, PP Mr. Govind Upadhyay, for complainant HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 29/01/2025 1. This instant appeal has been filed under Section 14(2)(A) SC/ST (Prevention of Atrocities) Act being aggrieved of the order dated 21.11.2024 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Dholpur in Bail Application No.177/2024 rejecting the bail application preferred on behalf of the appellants, who are in custody in connection with FIR [2025:RJ-JP:4205] (2 of 3) [CRLAS-3172/2024] No.390/2024 registered at Police Station Kanchanpur, District Dholpur for the offences under Sections 189(2), 333, 115(2), 126(2) & 103(2) of BNS and Sections 3(1)(s) & 3(2)(v) of SC/ST Act. Charge-sheet has been filed for offences punishable under Sections 115(2), 126(2), 3(5) & 352 of BNS and Sections 3(1)(s) & 3(2)(va) of SC/ST Act. 2. It is contended by learned counsel for the appellants that appellants have falsely been implicated in this case. It is contended that initially, FIR was registered for the offences under Sections 302 IPC (103(2) of BNS) but in investigation, offence under Section 103(2) of BNS was not found proved as cause of death is cardio-respiratory failure and police filed charge-sheet for the offences under Sections 115(2) BNS (323 IPC), 126(2) BNS (341 IPC), 352 BNS (504 IPC) and 3(5) BNS (34 IPC). It is submitted that appellants have no criminal antecedents and they are in custody since 15.11.2024. Charge-sheet has been filed and trial of the case will take considerable time. Further custody of the appellants 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 but they failed to controvert the fact that offence under Section 103(2) BNS has not been found in the investigation. 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 the appellants and looking to the fact that offence under Section [2025:RJ-JP:4205] (3 of 3) [CRLAS-3172/2024] 103(2) of BNS has not been found proved in the investigation as cause of death is cardio-respiratory failure; charge-sheet has been filed in this matter 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 appellants on bail. 6. Consequently, these instant appeal is allowed. The impugned order dated 21.11.2024 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Dholpur is set aside. It is ordered that the accused-appellants (1) Devendra S/o Guljari, (2) Hemsingh @ Holi S/o Bhogiram, (3) Radheyshyam S/o Bhogiram, (4) Guljari S/o Jagman, arrested in connection with aforesaid FIR No.390/2024 registered at Police Station Kanchanpur, 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. (ANIL KUMAR UPMAN),J CHARU SONI /316