[2025:RJ-JP:47233] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Appeal (Sb) No. 2786/2025 Tayyab Ali Son Of Mohammad Rafiq, Aged About 27 Years, Resident Of B 136, Mohanlal Sukhadiya Avasiya Yojna (Shakeel Bhai Ka Makan), P.s. Nanta, Kota City. (Accused Appellant Presently Confined In Central Jail Kota) ----Appellant Versus 1. State Of Rajasthan, Through P.p. 2. Rohti Meghwal Son Of Shobharam Meghwal, Resident Of C-164, Mohanlal Sukhadiya, Nanta, Kota City, Rajasthan. ----Respondents For Appellant(s) : Mr. Sunil Vijay For Respondent(s) : Mr. Rhishi Raj Singh Rathore, PP HON'BLE MR. JUSTICE SAMEER JAIN Judgment 21/11/2025 1. The instant appeal has been filed under Section 14A(2) SC/ST (Prevention Of Atrocities) Act on behalf of the appellant, who is in custody in connection with FIR No. 145/2025 Police Station Nanta District Kota for the offences under Sections 115(2), 109(2), 126(2), 3(5) of BNS and Sections 3(2)(v) of the SC/ST (Prevention Of Atrocities) Act. 2. It is submitted by learned counsel for the appellant that appellant has been falsely implicated in the matter. It is submitted that Javed, is stated to be main accused. It is further submitted that appellant is in custody ever since 14.07.2025 and there are no criminal antecedents registered against the appellant. [2025:RJ-JP:47233] (2 of 2) [CRLAS-2786/2025] 3. Per contra, learned Public Prosecutor has opposed the appeal. 4. Considering the arguments advanced by learned counsel for the parties, considering that Javed is main accused and present appellant is brother of the main accused; name of the appellant is clearly mentioned in the FIR; that injuries sustained by the complainant are serious and life threatening in nature therefore provisions of Section 109 of BNS are attracted and looking to the overall facts and circumstances of the case and material on record but without commenting on merits/demerits of the case, this court is not inclined to allow the bail application of the accused- appellant. 5. Consequently, the instant appeal is dismissed. (SAMEER JAIN),J Pooja /222