[2025:RJ-JP:7044] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Appeal (Sb) No. 3452/2024 Bahadur Singh @ Lala S/o Rajendra Singh, Aged About 36 Years, Taraj Thana Sarolakala Dsitrict Jhalawar At Present Subhash Colony Jhalawar Thana Kotwali Jhalawar (At Present Appellant Is Confined In District Jail Jhalawar) ----Appellant Versus 1. State Of Rajasthan, Through Public Prosecutor 2. Shree Rakesh S/o Dhan Singh Jatav, R/o Chakjivajipur Khera Shajapur Kotwali Shajapur Madhya Pradesh ----Respondents For Appellant(s) : Mr. Pankaj Gupta For Respondent(s) : Mr. Tapesh Agarwal, PP HON'BLE MR. JUSTICE SUDESH BANSAL Order 18/02/2025 1. The instant criminal appeal has been filed under Section 14A of SC/ST (Prevention of Atrocities) Act, 1989 on behalf of the appellant, who is in custody in connection with FIR No.442/2023 registered at Police Station Kotwali Jhalawar, District Jhalawar for the offence(s) under Sections 365 & 302 IPC and Sections 3(2)(v) and 3(2)(va) of the SC/ST (Prevention of Atrocities) Act, 1989. 2. Learned Public Prosecutor submits that information to the complainant has already been sent. However, no one has put in appearance on behalf of the complainant. 3. Counsel for appellant submits that the case of present appellant is not distinguishable from the cases of co-accused namely Chandan Sankhala and Sonu Lodha @ Machchhi, who have [2025:RJ-JP:7044] (2 of 3) [CRLAS-3452/2024] been released on bail by this Court vide orders dated 21.01.2025 & 13.11.2024 respectively. Appellant is in custody since 20.07.2023, case of prosecution is based on circumstantial evidence and material witnesses have turned hostile, conclusion of trial may take considerable time, therefore, in such circumstances, appellant be granted benefit of bail. 4. Learned Public Prosecutor has opposed the bail application, however, is not in a position to distinguish the case of present appellant with the cases of co-accused Chandan Sankhala and Sonu Lodha @ Machchhi. 5. Heard learned counsel for appellant and learned Public Prosecutor as well as perused the material available on record. 6. Having considered the contentions of learned counsel for appellant as recorded hereinabove and considering the fact that the case of present appellant is not distinguishable from that of co-accused- Chandan Sankhala and Sonu Lodha @ Machchhi, who have already been released on bail, conclusion of trial may take considerable time, but without commenting on merits of the case, this Court deems it just and proper to grant benefit of bail to the appellant in the present criminal appeal. 7. Consequently, the instant criminal appeal is allowed. The impugned order dated 20.11.2024 passed by the Special Judge, SC/ST (Prevention of Atrocities Cases), Jhalawar is set aside. It is ordered that accused-appellant Bahadur Singh @ Lala S/o Rajendra Singh arrested in aforesaid FIR, shall be released on bail, if not required in any other case, provided he furnishes a personal bond of Rs. 50,000/- to the satisfaction of the learned trial Court with the stipulation to appear before that Court on all [2025:RJ-JP:7044] (3 of 3) [CRLAS-3452/2024] dates of hearing as and when called upon to do so on the following conditions:- (i) that the appellant shall seek permission of the concerned Sessions Court before leaving the District Jhalawar and shall not tamper with and influence any of the prosecution witnesses; (ii) that the appellant is directed to mark his attendance before the concerned Police Station i.e. Police Station Kotwali Jhalawar, District Jhalawar in the first week of every two months. The concerned SHO shall record his presence in the Rojnamcha. (iii) that if the appellant is found involved in any similar nature of offence, during bail granted by this Court or breach of any of the condition is reported or come to the notice of the Court, the same shall be a reason for the trial Court to cancel the bail, granted by this Court. (SUDESH BANSAL),J Sachin/2