[2025:RJ-JP:41680] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Appeal (Sb) No. 2709/2025 1. Rahul Son Of Late Shahzad, Aged About 25 Years, Resident Of Bhilawali, Police Station Kheragarh, District Agra (Uttar Pradesh) Presently Confined In District Jail, Dholpur 2. Smt. Hasina Wife Of Rahul, Aged About 23 Years, Resident Of Bhilawali, Police Station Kheragarh, District Agra (Uttar Pradesh) Presently Confined In District Jail, Dholpur ----Appellants Versus 1. State Of Rajasthan, Through Public Prosecutor 2. Vishnu @ Vishan Lal Son Of Late Ramjeet, Aged About 50 Years, Resident Of Koli Mohalla, Badwali Gali, Main Bazar, Town Maniya, District Dholpur (Rajasthan) ----Respondents For Appellant(s) : Mr. Dheeraj Singhal For Respondent(s) : Mr. Rhishi Raj Singh Rathore, PP HON'BLE MR. JUSTICE SAMEER JAIN Judgment 13/10/2025 1. The instant appeal has been filed under Section 14A SC/ST (Prevention Of Atrocities) Act on behalf of the appellants, who are in custody in connection with FIR No. 375/2025 Police Station Maiya District Dholpur for the offences under Sections 137(2) and 87 BNS and as per order, under Sections 87, 142, 351(2), 351(3) and 61(2) of BNS and Sections 3(1)(w) and 3(2)(va) of the SC/ST (Prevention Of Atrocities) Act. 2. It is submitted by learned counsel for the appellants that appellants are not alleged in the FIR and they are relatives of the [2025:RJ-JP:41680] (2 of 3) [CRLAS-2709/2025] main accused- Chotu. It is further submitted that appellants are residents of Ahmadabad. It is further submitted that appellants have a child aged approximately one year. It is also submitted that appellants, on being visited by the main accused- Chotu along with the victim in question, has immediately intimated the police and returned to Agra, wherein victim has surrendered. Further, it is submitted that appellants are in custody ever since 07.09.2025 and remotely related to the alleged incident. 3. Per contra, learned Public Prosecutor has opposed the appeal. 4. Considering the arguments advanced by learned counsel for the parties and considering that appellants are not alleged in the FIR; that appellants are relatives of the main accused- Chotu, who is alleged committing a rape upon the victim; that appellants are parent of a child aged one year and are in custody ever since 07.09.2025, therefore, looking to the overall facts and circumstances of the case and material on record but without commenting on merits/demerits of the case, this court is inclined to allow the present appeal and enlarge them on bail. 5. Consequently, the instant appeal is allowed. The impugned order dated 03.10.2025 passed by the Special Judge, SC/ST (Prevention Of Atrocities) Cases, Dholpur is set aside. It is ordered that the accused-appellants (1) Rahul Son Of Late Shahzad and (2) Smt. Hasina Wife Of Rahul, 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 [2025:RJ-JP:41680] (3 of 3) [CRLAS-2709/2025] 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. (SAMEER JAIN),J Pooja /240