[2025:RJ-JP:51447] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Appeal (Sb) No. 3138/2025 Toshif S/o Ashlak Hussain, Aged About 18 Years 01 Month 03 Days, R/o- Meel Wale Baba Ke Pass, Gali No.1, Taal Ke Paas, Pratap Colony, P.s. Railway Colony, Kota City. (At Present Confined In Cen- tral Jail Kota) ----Accused/Appellant Versus 1. State Of Rajasthan, Through Public Prosecutor. ----Respondent 2. Uday Singh Gurjar S/o Shri Subedar Singh, R/o- J.p. Colony, P.s. Railway Colony, District Kota City (Raj.). ----Respondent/Complainant For Appellant(s) : Mr. Samarth Sharma For Respondent(s) : Mr. Amit Kumar Punia, PP HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL Order 19/12/2025 Learned Public Prosecutor has submitted the status report dated 07.12.2025 furnished by SHO, Police Station Railway Colony, Kota City which reflects that the complainant/victim-Shri Uday Singh has been intimated of this appeal. The present criminal appeal under Section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for brevity, ‘Act of 1989’) has been filed in connection with FIR No.305/2025 registered at Police Station Railway Colony, District Kota City for the offence(s) under Sections 109(1) of Bhartiya Nyaya Sanhita, 2023 (for brevity, ‘BNS 2023’) but later on for the offence(s) under Sections 115(2), 126(2) and 109(1) of BNS 2023 and Sections 3(2)(v) and 3(2)(va) of the Act of 1989. Learned counsel for the appellant submits that he has falsely been implicated in this case wherein, the complainant/victim has received simple injuries. He further submits that the appellant is in [2025:RJ-JP:51447] (2 of 2) [CRLAS-3138/2025] custody since 22.11.2025, investigation as against him is complete, he has no criminal antecedents and prays for benefit of bail to the appellant. Learned Public Prosecutor opposes the prayer. None appears for the respondent no.2 despite service. Taking into consideration the contentions advanced by learned counsel for the appellant, nature of accusation against him, his length of custody, only simple injuries on the person of the complainant and his friend and absence of criminal antecedents; but, without expressing any opinion on the merits of the case, this Court deems it just and proper to enlarge the appellant on bail. The order dated 27.11.2025 passed by the learned Special Judge, SC/ST (Prevention of Atrocities Cases), Kota is quashed and set-aside and this appeal is accordingly allowed. It is directed that accused appellant Toshif S/o Ashlak Hussain shall be released on bail provided he furnishes a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac Only) together with two sureties in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) each to the satisfaction of the learned Trial Court with the stipulation that he shall appear before that Court and any Court to which the matter is transferred, on all subsequent dates of hearing and as and when called upon to do so and shall comply with all the conditions laid down under Section 480(3) of Bhartiya Nagrik Suraksha Sanhita, 2023. The Office is directed to remit a copy of this order to the jurisdictional Court through E-mail forthwith. (MAHENDAR KUMAR GOYAL),J PRAGATI/699 (c.no.7)