HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Appeal (Sb) No. 3127/2025 Kundan Sharma Son Of Suresh Sharma, Resident Of Badusar, Police Station Laxmangarh District Sikar. (At Present Confined In District Jail Sikar) ----Appellant Versus 1. State Of Rajasthan, Through P.p. 2. Gajendra Singh Son Of Shri Ganga Singh, Resident Of Khajdeloiya Ki Dhani, Police Station Laxmangarh District Sikar. ----Respondents For Appellant(s) : Mr. Susheel Pujari For Respondent(s) : Mr. Amit Kumar Punia, PP Mr. Mahipal Singh Shekhawat through VC Mr. Chhatrasal Singh Tanwar HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL Order 19/12/2025 The present appeal has been filed under Section 14-A of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities Act, 1989 (for brevity ‘the SC & ST Act’). The appellant has been arrested in connection with FIR No.287/2025 registered at Police Station Laxmangarh, District Sikar for the offence(s) under Section(s) 189(2), 115(2), 126(2), 307, 109(1), 351(2) of the Bharatiya Nyaya Sanhita, 2023 (for brevity “the BNS”) later on for the offences under Sections 189(2), 115(2), 126(2), 109(1), 111, 351(3), 352 BNS and under Sections 3(1)(r), 3(1)(s), 3(2)(v) of the SC & ST Act. (2 of 3) [CRLAS-3127/2025] Learned counsel for the appellant submits that he has falsely been implicated in this case. He further submits that the injured Rajendra has received a grievous injury in the shape of fracture in his left leg, i.e., a non-vital part of the body. He further submits that he is in custody since 14.11.2025, investigation as against him is complete and he has no criminal antecedents. He, therefore, prays for release of the appellant on bail. Learned Public Prosecutor assisted by counsel for the complainant, victim opposes the prayer. Heard. Considered. Taking into consideration the contentions advanced by learned counsel for the appellant, the nature of accusation against him, the injury report of Shri Rajendra Singh available in the case diary which reflects fracture in his left leg, his length of custody 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 15.11.2025 passed by the learned Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Cases), Sikar is quashed and set-aside and the appeal is accordingly allowed. It is directed that accused-appellant Kundan Sharma Son Of Suresh Sharma 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 ₹50,000/- (Rupees Fifty Thousand only) each to the satisfaction of the 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 (3 of 3) [CRLAS-3127/2025] conditions laid down under Section 480(3) Bhartiya Nagarik 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 JYOTI /698