[2025:RJ-JP:3548] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Appeal (Sb) No. 3386/2024 Mohit Son Of Sugriv, Aged About 24 Years, R/o Hingotiya Thana Sadar, Gangapur City, District Sawai Madhopur. (Accused Is Confined In District Jail Tonk) ----Appellant Versus 1. The State Of Rajasthan, Through PP 2. Dhan Singh Son Of Jairam Meena, R/o Roshanpura, Sop, Tonk, Rajasthan. ----Respondents For Appellant(s) : Mr. Nirmal Kumar Sharma 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 30.11.2024 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Tonk in Bail Application (CIS) No.153/2024 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:3548] (2 of 3) [CRLAS-3386/2024] 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. It is submitted that appellant has been made accused simply on the basis of pendency of other cases. Learned counsel argues that after thorough investigation, charge-sheet has been submitted. It is argued that appellant 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. He submits that although, appellant is not named in the FIR. It is submitted that appellant is habitual offender as 11 other cases have been registered against him. 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 30.11.2024 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Tonk is set aside. It is ordered [2025:RJ-JP:3548] (3 of 3) [CRLAS-3386/2024] that the accused-appellant Mohit Son Of Sugriv, arrested in connection with aforesaid FIR No.117/2024 registered at Police Station Sop, District Tonk, 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. 7. The accused-appellant is directed to mark his presence in the concerned police station in the first week of every month, till trial is concluded. 8. Concerned SHO is directed to maintain a register recording the attendance of the appellant. In case the appellant fails to mark his presence in the concerned police station, the concerned SHO is directed to immediately report the matter to the concerned Court in this regard. 9. If breach of this condition is reported or come to the notice of the Court, the same shall alone be a reason for the trial court to cancel the bail granted to the appellant by this Court. (ANIL KUMAR UPMAN),J CHARU SONI /271