[2025:RJ-JP:5070] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Appeal (SB) No. 214/2025 Mavasri Ram S/o Shri Dataram, Aged About 42 Years, R/o Khedi Police Station Kotkasim, District Khairthal Tijara. (At Present Confined In Central Jail Alwar) ----Accused-Appellant Versus 1. State Of Rajasthan, Through Public Prosecutor. Respondent 2. Mohabbat Singh S/o Gulab Singh, R/o Khedi Police Station Kotkasim, District Khairthal Tijara ----Complainant-Respondent For Appellant(s) : Mr. Gajendra Singh Rathore, Adv. For Respondent(s) : Mr. N.S. Dhakar, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 05/02/2025 1. This instant appeal has been filed under Section 14A SC/ST (Prevention of Atrocities) Act being aggrieved of the order dated 03.01.2025 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Alwar in Bail Application No.1/2025 rejecting the bail application preferred on behalf of the appellant, who is in custody in connection with FIR No.367/2024 registered at Police Station Kotkasim, District Khairthal-Tijara for the offences punishable under Sections 189(2), 329(3), 126(2), 115(2), 352, 303(2) of BNS, 2023 and Sections 3(1)(r), 3(1)(s) of SC/ST (Prevention of Atrocities) Act, 1989 (Amendment 2015). Investigating is being conducted in this matter for the offences punishable under Sections 189(2), 115(2), 126(2), 117(2), [2025:RJ-JP:5070] (2 of 3) [CRLAS-214/2025] 329(3), 351(2), 352 of BNS, 2023 and Sections 3(1)(r)(s), 3(2) (va) of SC/ST (Prevention of Atrocities) Act, 1989 (Amendment 2015). 2. It is contended by learned counsel for the appellant that appellant has falsely been implicated in this case. Learned counsel submits that all other offences except the Atrocities Act are bailable in nature. He further submits that there are no criminal antecedents against the appellant of similar nature and trial of the case will take considerable time. He contends that the appellant is in custody since 02.01.2025 and further custody of the appellant would not serve any fruitful purpose. 3. Learned Public Prosecutor opposes the prayer of bail made in this appeal. He submits that complainant/victim of this case has been duly informed about hearing of this criminal appeal. 4. Despite information, no one has appeared on behalf of the complainant. 5. Heard. Perused the material available on record. 6. Having regard to the totality of the facts and circumstances; considering the arguments advanced by learned counsel for both the parties as also looking to the fact that all other offences except the Atrocities Act are bailable in nature; absence of criminal antecedents of similar nature and trial of the case will take time in its conclusion as well as looking to the period of custody, but without expressing any opinion on merits/demerits of this case, this Court deems it just and proper to enlarge the appellant on bail. [2025:RJ-JP:5070] (3 of 3) [CRLAS-214/2025] 7. Consequently, this instant appeal is allowed. The impugned order dated 03.01.2025 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Alwar is set aside. It is ordered that the accused-appellant – Mavasri Ram S/o Shri Dataram arrested in connection with aforesaid FIR No.367/2024 registered at Police Station Kotkasim, District Khaithal-Tijara 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. 8. The observation made hereinabove is only for decision of this criminal appeal and would not have any impact or bearing on the trial. (ANIL KUMAR UPMAN),J MADAN/256