[2025:RJ-JP:44661] (1 of 4) [CRLAS-2833/2025] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Appeal (Sb) No. 2833/2025 Dilip Sharma S/o Ramshankar, Aged About 21 Years, R/o Kunj Bihari Colony, Baran Police Station Kotwali Baran District Baran (Raj) ( Presently Confined In Central Jail Baran) ----Appellant Versus 1. State Of Rajasthan, Through Its Public Prosecutor. 2. Shri Dhanraj S/o Shri Kashiram Bairwa, R/o Kunjbihar Colony Kotwali Baran Rajasthan ----Respondents For Appellant(s) : Mr. Aman Ali For Respondent(s) : Mr. Tapesh Agarwal, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 07/11/2025 1. This appeal has been filed under Section 14A(2) SC/ST (Prevention of Atrocities) Act being aggrieved of the order dated 13.10.2025 passed by learned Special Court, SC/ST (Prevention of Atrocities) Cases, Baran in Criminal Case No. 284/2025 rejecting the bail application preferred on behalf of the appellant, who is in custody in connection with FIR No.121/2025 registered at Police Station Kotwali Baran, District Baran for offences punishable under Sections 126(2), 115(2) & 109(1) of the Bharatiya Nyaya Sanhita, (in short ‘BNS’) 2023 and Sections 3(1)(r), 3(2)(v) & 3(1)(s) of SC/ST (Prevention of Atrocities) Act, 1989 (Amendment 2015). After completion of investigation, police filed charge-sheet in this matter for offences punishable under Sections 126(2), 115(2), [2025:RJ-JP:44661] (2 of 4) [CRLAS-2833/2025] 109(1), 118(1) & 118(2) of BNS, 2023 and Sections 3(1)(r), 3(2) (v) & 3(1)(s) of SC/ST (Prevention of Atrocities) Act, 1989 (Amendment 2015). 2. The previous criminal appeal filed on behalf of the appellant was dismissed as withdrawn by this court vide order dated 19.09.2025 while giving liberty to renew the prayer for bail before learned trial Court after recording the testimony of medical expert who examined the injured. Thereafter, medical expert was examined and bail application was filed before the learned trial Court however, same has been dismissed vide order dated 13.10.2025 thus, this appeal has been filed. 3. It is contended by learned counsel for the appellant that appellant has falsely been implicated in this case. Counsel submits that according to the testimony of Medical expert- Dr. Kuldeep Sharma, four injuries were found on the person of the injured out of which, three injuries have been opined as simple in nature and only on the basis of surgery notes, one injury has been opined as dangerous to life. Counsel submits that it has been admitted by the said witness that injury no.4 has been opined as dangerous to life without taking opinion of the doctor who conducted the surgery. Counsel submits that injury No.4 is a 2cm long wound on the middle of the stomach and there was no cut on any nerve. It is contended that there are no criminal antecedents against the appellant and trial will take considerable time in its conclusion. Counsel submits that appellant is a young boy of 21 years old and he is in custody since 27.02.2025. Further custody of the appellant would not serve any fruitful purpose. [2025:RJ-JP:44661] (3 of 4) [CRLAS-2833/2025] 4. Per contra, learned Public Prosecutor opposes the submissions made by learned counsel for the appellant. He submits that victim/complainant of this case has duly been informed about hearing of this appeal (bail). 5. Despite information, no one has put in appearance on behalf of the victim/complainant to oppose the prayer for bail made in this appeal. 6. Heard. 7. Having regard to the totality of the facts and circumstances; considering the arguments advanced by learned counsel for the parties, especially considering the material available on record in the form of charge-sheet including statement of Medical expert- Dr. Kuldeep Sharma, as also the fact that there are no criminal antecedents against the appellant and trial will take considerable time in its conclusion as well as looking to the period of custody, but without expressing any opinion on merits/demerits of this case, this Court deems it just and proper to enlarge the appellant on bail. 8. Consequently, this appeal is allowed. The impugned order dated 13.10.2025 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Baran in Criminal Case No. 284/2025 is set aside. It is ordered that the accused-appellant Dilip Sharma S/o Ramshankar arrested in connection with FIR No.121/2025 registered at Police Station Kotwali Baran, District Baran, shall be released on bail, provided he 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 [2025:RJ-JP:44661] (4 of 4) [CRLAS-2833/2025] before that Court on all dates of hearing and as and when called upon to do so. 9. The observations made hereinabove are only for decision of the appeal (bail) and would not have any impact on the trial of the case in any manner. (ANIL KUMAR UPMAN),J GAUTAM JAIN /11