[2025:RJ-JP:3495] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Appeal (Sb) No. 3290/2024 Deepak Prajpati Alias Tota S/o Rambabu Prajapati, Aged About 19 Years, R/o House No. E 88 R.k. Puram Police Station R.k. Puram Kota Rajasthan (At Present Accused Confined In Jail Kota) ----Appellant Versus 1. State Of Rajasthan, Through Public Prosecutor 2. Dharmchand Bairwa S/o Ramswaroop Bairwa, R/o Hal Tenant At Bhanwar Ka Makan Bombay Yojana R.k. Puram Kota City Rajasthan Permanent R/o Dadiya Baroni District Tonk Rajasthan ----Respondents For Appellant(s) : Mr. Shivraj Chouhan For Respondent(s) : Mr. N.S. Dhakar, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 23/01/2025 1. The instant appeals has been filed under Section 14(2)(A) SC/ST (Prevention of Atrocities) Act being aggrieved of the order dated 06.11.2024 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Kota in Bail Application No.315/2024 rejecting the bail application preferred on behalf of the appellant, who is in custody in connection with FIR No.328/2024 registered at Police Station R.K. Puram, District Kota City for the offences under Sections 126(2), 115(2), 109(1) & 3(5) of BNS and Section 3(2)(va) of SC/ST (Prevention of Atrocities) Act. Charge-sheet has been filed for offences punishable under [2025:RJ-JP:3495] (2 of 3) [CRLAS-3290/2024] Sections 126(2), 115(2), 109(1), 118(1) & 3(5) of BNS and Sections 3(2)(va), 3(2)(v) & 3(1)(r) of SC/ST Act. 2. It is contended by learned counsel for the appellant that appellant has falsely been implicated in this case. It is contended that as per the FIR, which has been registered on the basis of ‘parcha bayan’ of the victim, allegation of causing knife injury is against co-accused Ram Chopra. Learned counsel submits that after thorough investigation, police submitted charge-sheet. It is submitted that appellant has no criminal antecedents and he is in custody since 01.10.2024. Trial will take time in its conclusion 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 appellant is duly named in the FIR and he has also actively participated in commission of crime. 4. Despite information, none has put in appearance on behalf of the victim/complainant to oppose this appeal. 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 appellant and looking to the fact that no role has been attributed to the appellant; allegation of causing knife injury is against co-accused; appellant has no criminal antecedents and he is in custody since 01.10.2024; charge-sheet has been filed and trial will take time in its conclusion, but without expressing any [2025:RJ-JP:3495] (3 of 3) [CRLAS-3290/2024] opinion on merits/demerits of this case, this Court deems it just and proper to enlarge the appellant on bail. 7. Consequently, this instant appeal is allowed. The impugned order dated 06.11.2024 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Kota is set aside. It is ordered that the accused-appellant Deepak Prajpati Alias Tota S/o Rambabu Prajapati, arrested in connection with aforesaid FIR No.328/2024 registered at Police Station R.K. Puram, District Kota City, 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 /269