[2025:RJ-JP:8433] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Appeal (Sb) No. 3450/2024 Kamal Singh @ Lala S/o Gopal Singh, Aged About 25 Years, Residence Survey Number 257A, Kacchi Basti, Teela Number 5 Jawahar Nagar, Jaipur Police Station Jawahar Nagar, Jaipur (At Present Accused Petitioner Confined In Central Jail, Jaipur) ----Appellant Versus 1. State Of Rajasthan, Through Its Public Prosecutor 2. Raghuveer Prasad S/o Shri Nathu Ram, Residence Survey No. 762A, Teela No. 5, Kacchi Basti Jawahar Ngar, Jaipur ----Respondents For Appellant(s) : Mr. Mohd. Umar Farooq Alvi For Respondent(s) : Mr. S.K. Sainee, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 24/02/2025 1. Heard. Perused the material available on record. 2. This appeal has been preferred on behalf of the appellant under Section 14A(2) of the SC/ST (Prevention of Atrocities) Amendment Act 2015 being aggrieved of the order dated 05.12.2024 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Jaipur Metro-I in Criminal Misc. Bail Application No.285/2024 (CIS No.2554/2024) rejecting bail application preferred on behalf of the appellant who is in custody in connection with FIR No.27/2021, Police Station Jawahar Nagar, Jaipur for offences under Sections 302, 323 and 341 IPC and Section 3(2)(v), 3(1)(R)(S) of SC/ST (Prevention of Atrocities) [2025:RJ-JP:8433] (2 of 4) [CRLAS-3450/2024] Amendment Act. After completion of investigation, chargesheet has been filed in the court concerned. 3. Arguing the instant appeal, learned counsel for the appellant submits that the appellant has falsely been implicated in this case. He contends that though there is allegation against the accused appellant to cause knife injury on the chest of the deceased and recovery of knife has also been shown to be effected at his instance but as per the FSL report, ‘A’ blood group has been found on the knife whereas result regarding blood of deceased was inconclusive. The appellant is in custody since 30.01.2021 and as such, he has already behind the bars for more than four years. Out of 27 cited witnesses, only 12 witnesses have been examined so far and thus, still trial will take long time in its conclusion. It is further argued that the alleged incident happened in the spur of moment and there was no such intention to cause death. Co- accused Ram Singh, who is the real brother of the appellant has been released on bail by Coordinate Bench of this Court. He thus, craves indulgence of bail for appellant in this case. 4. Per contra, learned Public Prosecutor vehemently and fervently opposes the submissions advanced by appellant’s counsel. It is contended that one other case involving offences punishable under Sections 323 & 341 IPC has also been registered against the appellant. Despite information, no one on behalf of the appellant is present to oppose the instant bail appeal. 5. The appellant is in custody since January, 2021 and as such, he has already incarcerated more than four years in jail. Out of 27 cited prosecution witnesses, only 12 witnesses have been examined so far and thus, trial is going at snail’s pace and it [2025:RJ-JP:8433] (3 of 4) [CRLAS-3450/2024] would take further considerable time in its conclusion. Law is well-settled that when a trial gets prolonged, it is not open to the prosecution to oppose bail of the accused-undertrial on the ground that the charges are very serious. Counsel submits that in a catena of judgments passed by Hon’ble Apex Court, it has been held that that an accused-undertrial has a fundamental right to speedy trial guaranteed under Article 21 of the Constitution of India. 6. Having regard to the overall facts and circumstances of the case and considering the arguments advanced at bar as also period of custody of the appellant which is more than four years; trial will take considerable time in its conclusion as only 12 witnesses have been examined so far and co-accused has been granted bail by Coordinate Bench but without expressing any opinion on the merits/demerits of the case, this Court is of the opinion that the appellant is entitled to be released on bail. 7. Consequently, the appeal is allowed. 7. Consequently, the appeal is allowed. The order dated 05.12.2024 is set aside and it is ordered that the accused- appellant Kamal Singh @ Lala S/o Gopal Singh who has been arrested in connection with the aforesaid FIR No.27/2021, Police Station Jawahar Nagar shall be released on bail during pendency of the trial; provided he furnishes personal bond of Rs.50,000/- and two surety bonds 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. [2025:RJ-JP:8433] (4 of 4) [CRLAS-3450/2024] 8. The observation made hereinabove is only for deciding this criminal appeal seeking bail and would not prejudice trial in any manner. (ANIL KUMAR UPMAN),J Sudhir/752