[2025:RJ-JP:32613] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Appeal (Sb) No. 3433/2024 Sanju Gurjar S/o Rajendra, Aged About 19 Years, R/o Jinda Mohalla , Bhiwadi, Police Station Bhiwadi District Khairthal Tijara (Raj). ( At Present Confined In Central Jail Alwar). ----Appellant Versus 1. The State Of Rajasthan, Through The PP 2. Sanjay Tanwar S/o Mulchand, R/o Harchandpur, Bhiwadi Phase-Iii, Bhiwadi (Raj). ----Respondents For Appellant(s) : Mr. Manjeet Kumar Dabas For Respondent(s) : Mr. N.S. Dhakar, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 20/08/2025 1. The instant appeal has been filed under Section 14A(2) SC/ST (Prevention of Atrocities) Act being aggrieved of the order dated 07.12.2024 passed by learned Special Court, SC/ST (Prevention of Atrocities) Cases, Alwar in Bail Application No. 550/2024 rejecting the bail application preferred on behalf of the appellant, who is in custody in connection with FIR No.227/2024 registered at Police Station Bhiwadi Phase III, District Bhiwadi for the offences punishable under Sections 191(2), 191(3), 190, 115(2), 126(2), 109(1) & 351(3) of the Bharatiya Nyaya Sanhita, (in short ‘BNS’) 2023, Section 3(2)(va) of SC/ST (Prevention of Atrocities) Act, 1989 (Amendment 2015) and Sections 3/25 & 5/25 of Arms Act. Investigation is being conducted in this matter for the offences punishable under Sections 191(2), 191(3), 190, [2025:RJ-JP:32613] (2 of 3) [CRLAS-3433/2024] 115(2), 126(2), 109(1), 351(3), 117(1), 117(2) & 117(4) of BNS 2023, Sections 3(2)(va) & 3(2)(v) of SC/ST Act and Sections 3/25 & 5/25 of Arms Act. 2. It is contended by learned counsel for the appellant that appellant has falsely been implicated in this case. Counsel submits that vide order dated 23.05.2025, co-accused person namely Deepak Gurjar @ Hanni Gurjar has already been granted benefit of bail by this court. It is submitted that no gunshot injury has been found on the person of the injured. It is contended that trial will take considerable time in its conclusion. Counsel submits that appellant is in custody since his date of arrest and further custody of the appellant would not serve any fruitful purpose. 3. Per contra, learned Public Prosecutor opposes the prayer for bail made in this appeal. He submits that two other cases have also been registered against the appellant. Counsel further submits that victim/complainant of this case has duly been informed about hearing of this appeal (bail). 4. Despite information, no one has put in appearance on behalf of the victim/complainant to oppose the prayer for bail made in this appeal. 5. Heard learned counsel for the appellant and learned Public Prosecutor. 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 the parties, especially considering the fact that co-accused person against whom there was allegation of using firearm has already been granted benefit of bail by this court and trial will take [2025:RJ-JP:32613] (3 of 3) [CRLAS-3433/2024] considerable time in its conclusion as well as looking to the period of custody, but without expressing any opinion on merits/demerits of this case, this Court deems it just and proper to enlarge the appellant on bail. 7. Consequently, the instant appeal is allowed. The impugned order dated 07.12.2024 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Alwar in Bail Application No.550/2024 is set aside. It is ordered that the accused-appellant Sanju Gurjar S/o Rajendra arrested in connection with FIR No.227/2024 registered at Police Station Bhiwadi Phase-III, District Bhiwadi, shall be released on bail, 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. 8. The observations made hereinabove are only for decision of the instant appeal (bail) and would not have any impact on the trial of the case in any manner. (ANIL KUMAR UPMAN),J GAUTAM JAIN /54