[2025:RJ-JP:3567] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Appeal (Sb) No. 3387/2024 Ramkesh Son Of Harpal, Aged About 21 Years, Resident Of Village Bansoli, Police Station Dei, District Bundi. (At Present In District Jail, Tonk) ----Appellant Versus 1. State Of Rajashtan, Through PP 2. Dhansingh Son Of Jairam Meena, Aged About 25 Years, Resident Of Roshanpura, Police Station Sop, District Tonk (Raj) ----Respondents For Appellant(s) : Mr. Mohd. Shahid Hasan For Respondent(s) : Mr. N.S. Dhakad, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 23/01/2025 1. This instant appeal has been filed under Section 14(2)(A) SC/ST (Prevention of Atrocities) Act being aggrieved of the order dated 23.10.2024 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Tonk in Bail Application (CIS) No.132/2024 rejecting the bail application preferred on behalf of the appellant, who is in custody in connection with FIR No.117/2024 registered at Police Station Sop, District Tonk for the offences under Sections 115(2), 126(2), 189(2) & 109(1) of BNS and Sections 3(1)(r), 3(1)(s), 3(2)(v) & 3(2)(va) of SC/ST (Prevention of Atrocities) Act. During investigation, offences under Sections 115(2), 126(2), 119(1), 109(1) & 3(5) of BNS and Sections 3(1)(r), 3(1)(s), 3(2)(v) & 3(2)(va) of SC/ST (Prevention [2025:RJ-JP:3567] (2 of 3) [CRLAS-3387/2024] of Atrocities) Act and Section 3/5 of Arms 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 appellant is not named in the FIR. Learned counsel submits that specific allegation of using firearm is against co-accused Battilal. Learned counsel argues that after thorough investigation, charge-sheet has been submitted. It is argued that appellant has no criminal antecedents and he is in custody since long. 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. 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 appellant and looking to the fact that appellant is not named in the FIR; charge-sheet has been filed 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 appellant on bail. 6. Consequently, this instant appeal is allowed. The impugned order dated 23.10.2024 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Tonk is set aside. It is ordered that the accused-appellant Ramkesh Son Of Harpal, arrested in connection with aforesaid FIR No.117/2024 registered at Police Station Sop, District Tonk, shall be released on bail, if not wanted [2025:RJ-JP:3567] (3 of 3) [CRLAS-3387/2024] 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 /272