[2025:RJ-JP:39859] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Appeal (Sb) No. 2480/2025 1. Manish Suman S/o. Kailash Chand, Aged About 32 Years, Resident Of Nai Basti Dhanwada, Jhalawar Police Station Kotwali, Jhalawar.(At Present Confined In District Jail, Jhalawar (Raj.) 2. Abhishek Nayak Alias Chota Rajan S/o. Permannad, Aged About 19 Years, Resident Of Nai Basti Dhanwada, Jha- lawar Police Station Kotwali, Jhalawar.(At Present Con- fined In District Jail, Jhalawar (Raj.) 3. Dinesh Alias Kalu S/o. Prithviraj, Aged About 20 Years, Resident Of Vasundhara Colony Patan At Present Nai Basti Dhanwada, Jhalawar Police Station Kotwali Jhalawar, Dis- trict Jhalawar (Raj.) (At Present Confined In District Jail, Jhalawar (Raj.) ----Appellants Versus 1. State Of Rajasthan, Through PP 2. Guddi Bai W/o. Ramdayal Bheel, Aged About 46 Years, Resident Of Ralayata, Police Station Sadar Jhalawar Dis- trict Jhalawar (Raj.) ----Respondents For Appellant(s) : Mr. Rohit Khandelwal For Respondent(s) : Mr. N.S. Dhakar, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 26/09/2025 1. Counsel for the appellants seeks permission to withdraw this criminal appeal qua accused-appellant No.1- Manish Suman S/o Kailash Chand with liberty to renew the prayer for bail before the learned trial court after filing of result of investigation. 2. Permission sought for is granted. [2025:RJ-JP:39859] (2 of 4) [CRLAS-2480/2025] 3. Accordingly, this criminal appeal stands dismissed as withdrawn qua accused-appellant No.1 with liberty as prayed for. 4. So far as other appellants are concerned, they have filed the appeal under Section 14A(2) of SC/ST (Prevention of Atrocities) Act being aggrieved of the order dated 01.09.2025 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Jhalawar (Raj.) in Bail Application No. 217/2025 rejecting the bail application preferred on behalf of the appellants, who are in custody in connection with FIR No.327/2024 registered at Police Station Jhalawar Sadar, District Jhalwar for offences punishable under Sections 109(1), 331(4), 331(6), 324(2), 118(1), 115(2), 191(2) & 189(9) of the Bharatiya Nyaya Sanhita (in short ‘BNS’), 2023 and Section 3 of SC/ST (Prevention of Atrocities) Act, 1989 (Amendment 2015). 5. It is contended by learned counsel for the appellants that appellants have falsely been implicated in this case. Counsel submits that appellants are neither named in the FIR nor in the statement of injured. It is contended that trial will take considerable time in its conclusion. Counsel submits that appellants are in custody since their date of arrest and further custody of the appellants would not serve any fruitful purpose. 6. Per contra, learned Public Prosecutor vehemently opposes the prayer for bail made in this appeal. He submits that though name of the appellants are not appearing in the statement of the injured but they are habitual offenders as several other cases have been registered against them. It is submitted that [2025:RJ-JP:39859] (3 of 4) [CRLAS-2480/2025] complainant/victim of this case has duly been informed about hearing of this appeal. 7. Despite information, no one has put in appearance on behalf of the victim/complainant to oppose this appeal. 8. Heard learned counsel for the appellants and learned Public Prosecutor. 9. Having regard to the totality of the facts and circumstances; considering the arguments advanced by learned counsel for both the parties, especially considering the material available on record, as also the fact that appellants are not named in FIR and no specific allegation has been levelled against them and trial will take considerable time in its conclusion, but without expressing any opinion on merits/demerits of this case, this Court deems it just and proper to enlarge the appellants on bail. 10. Consequently, the instant appeal is partly allowed. The impugned order dated 01.09.2025 passed by the Special Judge, SC/ST (Prevention Of Atrocities) Cases, Jhalawar (Raj.) is set aside. It is ordered that the accused-appellants- 1) Abhishek Nayak Alias Chota Rajan S/o Permannad and 2) Dinesh Alias Kalu S/o. Prithviraj, arrested in connection with FIR No. 327/2024 registered at Police Station Jhalwar Sadar, District Jhalwar, shall be released on bail, provided each of them 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. [2025:RJ-JP:39859] (4 of 4) [CRLAS-2480/2025] 11. [2025:RJ-JP:39859] (4 of 4) [CRLAS-2480/2025] 11. It is made clear that the accused-appellants shall not involve in any other offence(s) during currency of the bail and they shall mark their presence in first week of every month in the concerned police station, till trial is concluded. 12. Concerned SHO is directed to maintain a register recording the attendance of the appellants, as directed above. In case the appellants fail to mark their presence in the concerned police station, as directed above, the concerned SHO is directed to immediately report the matter to the concerned Court in this regard. 13. Office is directed to send a copy of this order to the concerned SHO for necessary compliance. 14. If any breach of these conditions is reported or come to the notice of the Court, the same shall alone be a reason for the trial Court to cancel the bail granted to them by this Court. 15. The observations made hereinabove are only for decision of the appeal and would not have any impact on the trial of the case in any manner. (ANIL KUMAR UPMAN),J GAUTAM JAIN /307