HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Appeal (Sb) No. 3360/2024 Pradeep Kumar Son of Babulal, Resident of Rawta Ki Dhani, Police Station Nijampur District Mahendragarh (Haryana) (At Present Confined in District Jail Sikar) ----Appellant Versus 1. State of Rajasthan, Through PP 2. Man Singh Meena Son of Ranjeet Meena, Resident of Raykaranpura Kotputli Paniyala Jaipur Rural (Raj) ----Respondents Connected With S.B. Criminal Appeal (Sb) No. 3359/2024 Rohit Kumar Son of Shri Mahendra Singh, Resident of Rawato Ki Dhani Post Golwa Police Station Nizampur District Mahendergarh Haryana (Accused in JC at District Jail Sikar) ----Appellant Versus 1. State of Rajasthan, Through Public Prosecutor 2. Mansingh Meena Son of Shri Ranjeet Meena, Resident of Raikaranpura Police Station Paniyala Mod Jaipur ----Respondents For Appellant(s) : Mr. Girish Khandelwal Mr. K.K. Bhinda For Respondent(s) : Mr. J.S. Rathore-PP Mr. Ripu Daman Singh Naruka JUSTICE ANOOP KUMAR DHAND Order 20/01/2025 1. Both the criminal appeals are arising out of the same FIR, hence with the consent of the counsel for the parties arguments (2 of 3) [CRLAS-3360/2024] have been heard together and both appeals are decided by this common order. 2. Both appeals have been filed under Section 14A(2) of the SC/ST (Prevention of Atrocities) Act on behalf of the appellants, who is in custody in connection with FIR No. 313/2023 registered at Police Station Patan District, Sikar for the offences under Sections 147, 148, 149, 341, 323, 364, 302 of IPC and Sections 3(2)(va), 3(2)(v) of the SC/ST Act, 1989, against the order dated 10.12.2024 passed by the Special Judge, SC/ST (Prevention of Atrocities) Cases, Sikar (Raj.) whereby, the bail application preferred under Section 439 of Cr.P.C. on behalf of the appellants was rejected. 3. Learned counsel for the appellants submits that the whole case is based on the statements of PW19- Yogesh. Counsel submits that as per the statements of this witness, Rambeer, Manish Kumar and Ajit have caused the incident out of which Rambeer and Manish Kumar have already been granted indulgence of bail. Counsel submits that the case of the present appellants is on better footing as there is no specific allegations of commission of offence of murder against the appellants, hence same indulgence be granted to the appellants which has already been granted to co-accused Manish Kumar and Rambeer. 4. Per contra, learned Public Prosecutor as well as counsel for the complainant opposed the arguments raised by counsel for the appellants. 5. Considering the arguments put-forward by counsel for the appellants and looking to the fact that indulgence of bail has already been granted to the co-accused Rambeer and Manish (3 of 3) [CRLAS-3360/2024] Kumar by this Court on different occasions and looking to the fact that the case of the appellants is on better footings in comparison to other two accused persons and also looking to the facts that appellants are in custody since of date of their arrest and trial will take its own time to conclude and without making any comments of merits and demerits of the case, I deem it appropriate to grant indulgence of bail to the appellants. 6. Consequently, the both appeals are allowed. The impugned order dated 10.12.2024 passed by the Special Judge, SC/ST (Prevention of Atrocities) Cases, Sikar is quashed and set aside. It is ordered that the accused – appellants Pradeep Kumar Son of Babulal and Rohit Kumar Son of Shri Mahendra Singh, arrested in connection with FIR No. 313/2023 shall be released on bail; provided each of them furnishes a personal bond in the sum of Rs.50,000/- with two sureties in the sum 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. (ANOOP KUMAR DHAND),J Ashu/543, 545