[2025:RJ-JP:13851] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Appeal (Sb) No.185/2025 1. Shivdesh @ Shibba Son Of Nihal Singh, Resident Of Kashirampura Police Station Sadar Karuli District Karauli (Rajasthan) (Presently Confined In District Jail Karauli) 2. Kuldeep Son Of Bhairam, Resident Of Badh Gulal Police Station Kudgaon District Karauli (Rajasthan) (Presently Confined In District Jail Karauli) ----Appellants Versus 1. State Of Rajasthan, Through P.P. 2. Gajendra Meena Son Of Kaduram Meena, Resident Of Langadapura Police Station Mamchari District Karauli (Rajasthan) ----Respondents For Appellant(s) : Mr. Dinesh Kumar Garg, Adv. For Respondent(s) : Mr. Amit Poonia, PP HON'BLE MR. JUSTICE PRAVEER BHATNAGAR Order 26/03/2025 1. This criminal appeal under Section 14A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter to be referred as 'the SC/ST Act’) has been filed on behalf of the appellant being aggrieved with the order dated 04.01.2025, passed by the learned Special Judge S.C./S.T. (Prevention of Atrocities Cases), Karauli (hereinafter to be referred as ‘trial court’) in Criminal Misc. Case CIS No.01/2025, whereby the trial court has dismissed the bail application filed on behalf of the appellant. 2. The appellant has been arrested in connection with FIR No.473/2023, registered at Police Station Karauli, District Karauli, for the offences punishable under Sections 364-A of IPC. [2025:RJ-JP:13851] (2 of 3) [CRLAS-185/2025] 3. Learned counsel for the appellants submit that the appellants have falsely been involved for the offence under Sections 364-A, 394, 395, 325 and 377 of IPC and Section 3/25 of the Arms Act and Sections 3(1)(a)(r)(s) and 3(2)(va) of SC/ST Act. It is argued that PW.2 Kaptan in his examination-in-chief has stated the entire incident but not named the accused-appellants in commission of offence with him. Upon cross examining the PW.2 has further stated that the face of the accused persons who committed the offence were covered, therefore he was not able to identify them. Further, he has stated that no identification parade was conducted by the Investigating Officer, and he could not identify any person in the court also. The accused-appellants are in custody since 11.02.2024 and 08.02.2024 respectively, the trial of the case may take considerable time, therefore, the bail of the accused- appellants may be allowed. 4. Learned Public Prosecutor has vehemently opposed the appeal and submitted the factual report alongwith intimation report served upon the complainant/victim. No one has put in appearance on behalf of complainant/victim. 5. Heard and perused the material available on record. 6. PW.2 Kaptan who is a material witness against whom, the said offence was committed. It is alleged against the accused- appellants that they along with the other co-accused after kidnapping Kaptan, sexually abused him and thereafter caused injury and also videographed the said incident. Later on PW 2 Kaptan was rescued by the Police officials. PW.2 Kaptan in his [2025:RJ-JP:13851] (3 of 3) [CRLAS-185/2025] examination-in-chief has stated about the entire incident but failed to identify the persons who committed the offence, as the faces of all the offenders were covered. He has further stated that he could not see the offenders as the offence was committed in the night. The learned Public Prosecutor also not made any endeavour for identification of the offenders. 7. Admittedly, no identification parade was conducted by the Police Officials, therefore, considering the above facts, without expressing anything on the merits of the case, I deem it just and proper to allow the appeal filed by the accused-appellants under Section 14-A(2) of SC/ST Act. 8. Accordingly, this criminal appeal filed under Section 14-A(2) of SC/ST Act is allowed and order dated 04.01.2025 passed by the learned Special Judge S.C./S.T. (Prevention of Atrocities Cases), Karauli is set aside. It is directed that appellants- Shivdesh @ Shibba Son Of Nihal Singh and 2. Kuldeep Son Of Bhairam, shall be released on bail in connection with FIR No.473/2023, registered at Police Station Karauli, District Karauli, provided both of them executes a personal bond in a sum of Rs.50,000/- with two sound and solvent sureties of Rs.25,000/- each to the satisfaction of learned trial court for their appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial. (PRAVEER BHATNAGAR),J Ashwani Kr Srivastava /-238