[2025:RJ-JP:40036] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Appeal (Sb) No. 2363/2025 Manoj Kumar Bhuriya S/o Gangadhar, R/o Chelasi, Police Station Sadar Sikar, District-Sikar, Rajasthan. (At Present Central Jail Sikar) ----Appellant Versus 1. State Of Rajasthan, Through Public Prosecutor, Jhunjhunu. 2. Tarachand S/o Shri Boduram, R/o Purohit Ka Bas, Tan Piprali, Dadiya, Sikar Rajasthan. ----Respondents For Appellant(s) : Mr. Amit Sharma Ms. Meeta Pareek For Respondent(s) : Mr. Manvendra Singh Choudhary, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 26/09/2025 1. The instant appeal is filed under Section 14A (2) of SC/ST (POA) Act in a matter arising out of FIR No. 309/2024 at P.S. Sadar Sikar, District Sikar for offence under Sections 115(2), 126(2), 119(1) and 307 of BNS and 3(1)(r), 3(1)(s), 3(2)(va) of SC/ST (POA) Act. 2. Learned counsel for appellant submitted that for incident of 04.08.2024, a report is lodged on 07.08.2024 wherein only Sugnaram was named as a person for deadly assault upon Sawant Ram. He further submitted that during investigation, police has identified involvement of Sugnaram and Manoj and filed charge- sheet against them under Section 115(2), 126(2), 117(2) and 307 of BNS, with charges under the SC/ST (POA) Act. He further [2025:RJ-JP:40036] (2 of 4) [CRLAS-2363/2025] submitted that injured has suddenly expired due to some other reason probably by heart attack on 02.09.2024 and after his death, post mortem was conducted and medical board has opined that injury mentioned in injury report is not sufficient to cause death in ordinary course of nature. He further submitted that there is no charge of causing death upon appellant, who is not named in FIR. He also submitted that appellant is in custody since 05.08.2025 and charge-sheet has been filed. He also submitted that from tomorrow, there is Navaratra and Vijayadashmi Festival and for celebrating Festivals with family members, the appellant may be enlarged on bail. 3. Aforesaid contentions were opposed by learned Public Prosecutor. He further submitted that complainant has already been informed about filing of appeal. 4. Heard learned counsel for the appellant and learned Public Prosecutor. Perused the material placed on record. 5. On the basis of report dated 07.08.2024 lodged by complainant Tara Chand about wrongful restraint and assault on Sawantaram by Sugnaram and two unknown persons on 04.08.2024, a report is registered and matter is investigated. During investigation, injury report is prepared on 10.08.2024. The medical jurist has found injury on left lower limb and same was opined as grievous. There is no injury except on left leg. The injured Sawantram expired on 02.09.2024 and post mortem was conducted. The medical board has opined that the injury mentioned in injury report is not sufficient to cause death in ordinary course of nature. The police has filed charge-sheet against Sugnaram and Manoj for causing grievous and simple [2025:RJ-JP:40036] (3 of 4) [CRLAS-2363/2025] injuries. There is no charge of committing and involved in homicidal death of deceased. There is no criminal antecedents against present appellant. 6. Therefore, without expressing any opinion on merits, I am of considered view that it is a fit case wherein appellant can be enlarged on bail. The appeal under Section 14-A SC/ST (PoA) Act is allowed and impugned order dated 26.08.2025 is hereby quashed and the appellant accused Manoj Kumar Bhuriya S/o Gangadhar is released on bail till disposal of criminal case arising out of above mentioned FIR with the condition that he would execute a personal bond in the sum of ₹50,000/- with two sureties of ₹25,000/- each to the satisfaction of the learned trial Judge for his appearance in trial court on date fixed by trial court and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:- (i). After release of appellant accused on bail, he will not indulge in any criminal activity and if it is found that he is involved in any criminal activity, the order shall be recalled. (ii). That he will appear before the trial Court on each and every date of hearing till the disposal of criminal case. (iii). That if the appellant changes the place of residence, he will give in writing his changed address to the trial Court. (iv). Similarly, if the sureties change their address(s),they will give in writing their changed address to the trial Court. [2025:RJ-JP:40036] (4 of 4) [CRLAS-2363/2025] (v). The appellant shall not influence prosecution witnesses in any manner. 7. Misc. Application(s), if any, stands disposed of. 8. A copy of this order be sent through E-mail to the trial court. (ASHOK KUMAR JAIN),J PREETI VALECHA /186-S