[2025:RJ-JP:47234] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Appeal (Sb) No. 2787/2025 Shahadat Son Of Mohammad Rafiq, Aged About 25 Years, Resident Of House No. 188A, Gali No.3, Sanjay Gandhi Nagar, P.s. Vigyan Nagar, Kota. (Accused Appellant Presently Confined In Central Jail Kota) E ----Appellant Versus 1. State Of Rajasthan, Through P.p. 2. Rohit Meghwal Son Of Shobharam Meghwal, Resident Of C-164, Mohanlal Sukhadiya, Nanta, Kota City, Rajasthan. ----Respondents For Appellant(s) : Mr. Sunil Vijay For Respondent(s) : Mr. Rhishi Raj Singh Rathore, PP HON'BLE MR. JUSTICE SAMEER JAIN Judgment 21/11/2025 1. The instant appeal has been filed under Section 14A(2) SC/ST (Prevention Of Atrocities) Act on behalf of the appellant, who is in custody in connection with FIR No. 145/2025 Police Station Nanta District Kota for the offences under Sections 115(2), 109(2), 126(2), 3(5) of BNS and Sections 3(2)(v) of the SC/ST (Prevention Of Atrocities) Act. 2. Learned counsel for the accused-appellant has submitted that appellant has falsely been implicated in the matter. It is further submitted that name of the appellant is not mentioned in the FIR, the appellant is in custody ever since 16.08.2025, and there are no criminal antecedents registered against the appellant. [2025:RJ-JP:47234] (2 of 2) [CRLAS-2787/2025] It is also submitted that injuries sustained by the complainant, are not specifically attributed to the present appellant. 3. Per contra, learned Public Prosecutor has opposed the instant appeal. 4. Having heard the arguments advanced by learned counsel for the parties and considering the fact that name of the appellant is not mentioned in the FIR; that the appellant is in custody ever since 16.08.2025; that there are no criminal antecedents registered against the appellant; that the injuries sustained by the victim are not specifically attributed to the appellant and 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 instant bail application of the accused-appellant and enlarge him on bail. 5. Consequently, the instant appeal is allowed. The impugned order dated 04.09.2025 passed by the Special Judge, SC/ST (Prevention Of Atrocities) Cases, Kota is set aside. It is ordered that the accused-appellant Shahadat Son Of Mohammad Rafiq arrested in connection with aforesaid FIR, shall be released on bail, if not wanted in any other case, provided he 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 called upon to do so. (SAMEER JAIN),J Pooja /223