[2025:RJ-JP:51688] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Appeal (Sb) No. 3322/2025 Krishna Rathor @ Krishan Kant Rathor S/o Shri Dhanna Lal Rathor, Aged About 24 Years, R/o Near Sagun Garden, Rangbari Main Road, Police Station Mahaveer Nagar Kota City. (At Present Confined In Central Jail Kota) ----Appellant Versus 1. State Of Rajasthan, Through P.P. 2. Anita Jatav W/o Surendra Jatav, R/o C-311 Shrinathpuram, Kota, R.k. Puram Kota (Raj.) ----Respondents Connected With S.B. Criminal Appeal (Sb) No. 3080/2025 Rahul Hada S/o Devendra Singh, Aged About 30 Years, Resident Of Saraswati Colony, Oil Factory Baran, Police Station Kotwali, District Baran. (Presetnly Accused Confined In Central Jail Kota) ----Appellant Versus 1. State Of Rajasthan, Through Public Prosecutor 2. Anita Jatav W/o Shri Surendra Jatav, Resident Of C-311, Shreenathpuram, Kota, R K Puram, Kota City, (Rajasthan). ----Respondents For Appellant(s) : Mr. Shailesh Kumar Panwar Mr. Kapil Gupta assisted by Mr. Dharmendra Kumar, Mr. Ankit Kumar, Mr. Chitransh Saxena, Ms. Anisha Yadav & Mr. Tanay Chaudhary For Respondent(s) : Mr. Amit Gupta, P.P. HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI Order 19/12/2025 [2025:RJ-JP:51688] (2 of 3) [CRLAS-3322/2025] The instant appeals have been filed under Section 14A(2) SC/ST (Prevention of Atrocities) Act on behalf of the appellants, who are in custody in connection with FIR No.157/2025 Police Station Mahaveer Nagar, District Kota City for the offence(s) under Sections 103(1) r/w Section 3(5), 117(2) r/w Section 3(5), 115(2) r/w Section 3(5), 127(2) r/w Section 3(5) of B.N.S. and Sections 3(2)(v) of the SC/ST (Prevention of Atrocities) Act. Learned counsel for the appellants submit that the accused- appellants have falsely been implicated in the case, they have nothing to do with the alleged offence(s) and they are behind the bars since 17.04.2025. Counsel further submits that the eye- witness, namely Ishtiaq Ahmed has been examined during the course of trial as PW-2 and he has not supported the prosecution story and turned hostile. The other co-accused person, namely Aryan Hada, has been granted bail by a Co-ordinate Bench of this Court. Counsel further submits that the identification parade of the petitioner was conducted by the same witness, PW-2, namely Ishtiaq Ahmed. During cross-examination concerning the identification parade, the said witness stated that prior to the identification parade, he was shown photographs of the accused persons. Trial is likely to take long time to conclude and keeping the accused-appellants behind the bars, till final disposal of the appeals, would serve no fruitful purpose. Therefore, benefit of bail may be granted to the appellants. Per contra, learned Public Prosecutor has vehemently opposed the appeal. [2025:RJ-JP:51688] (3 of 3) [CRLAS-3322/2025] Despite, service of notice(s) upon the complainant, no one has appeared on behalf of the complainant. Heard learned counsel for the parties and perused the material available on record. Having regard to the totality of facts & circumstances as available on record and upon a consideration of the arguments advanced, this Court is of the opinion that the appellants deserves to be enlarged on bail. Consequently, the instant appeals are allowed. The impugned order dated 02.12.2025 & 01.09.2025 passed by the Court of learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Kota (Raj.), in Criminal Bail Application Nos.225/2025 & 157/2025 respectively are set aside. It is hereby ordered that the accused-appellants, namely Krishna Rathor @ Krishan Kant Rathor S/o Shri Dhanna Lal Rathor & Rahul Hada S/o Devendra Singh, arrested in connection with aforesaid FIR, shall be released on bail, if not wanted in any other case, provided each of them 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 they are called upon to do so. (VINOD KUMAR BHARWANI),J SAURABH /407-408