[2025:RJ-JP:48732] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Appeal (Sb) No. 2690/2025 Alfaiz @ Aalu S/o Yusuf Khan, R/o Mewati Mohalla Ward No. 12 Indragarh Police Thana Indragarh District Bundi Rajasthan. (At Present Confined At District Jail Bundi.) ----Appellant Versus 1. State Of Rajasthan, Through P.p. 2. Chauthmal S/o Bhanwarlal, R/o Budhkarwar Karwar Bundi Rajasthan. ----Respondents For Appellant(s) : Mr. Abdul Kalam Khan For Respondent(s) : Mr. Shree Ram Dhakar, PP HON'BLE MR. JUSTICE PRAVEER BHATNAGAR Order 01/12/2025 1. The instant appeal has been filed under Section 14A(2) SC/ST (Prevention of Atrocities) Act, 1989 on behalf of the appellant, who is in custody in connection with F.I.R. No.126/2024 registered at Police Station Indargarh, District Bundi for the offences under Sections 140(2) of BNS and Section 3(2)(V) of SC/ST (Prevention of Atrocities) Act against the order dated 20.09.2025 passed by the learned Special Judge, SC/ST (Prevention of Atrocity) Cases, Bundi whereby, the bail application preferred under Section 483 BNSS on behalf of the appellant was rejected. 2. Learned counsel for the appellant submits that the appellant has falsely been implicated in the case. Learned counsel further submits that other co-accused have already been enlarged on bail [2025:RJ-JP:48732] (2 of 3) [CRLAS-2690/2025] and the court granted the liberty to the present appellant to file the appeal afresh after recording of the statement of Arvind and Rajneesh. It is further contended that trial court has recorded the statement of PW-5 Rajneesh and PW-6 Arvind and in their deposition they have not specifically stated that appellant alongwith the other co-accused kidnapped them and demanded Rs. 2,00,000/- (two lakh). It is also argued that in the cross examination PW-5 has stated that no identification parade was conducted and all the accused were shown to him by the police officials. It is also contended that in the court also the witnesses have not deposed that present appellant was accompanying the other co-accused. Learned counsel for the accused-appellant further submits that the accused-appellant is in custody since 06.08.2024 and trial of the case may take considerable time. therefore, the appeal of accused-appellant may be allowed. 3. Per contra, learned Public Prosecutor has submitted that intimation report served upon the complainant. No one has put in appearance on behalf of the complainant. 4. Learned Public Prosecutor has vehemently opposes the arguments advanced on behalf of the appellant and contended that PW-5 Rajneesh and PW-6 Arvind in their examination in chief have categorically stated that accused demanded Rs.2,00,000-/ on telephone and to Rajendra Rs. 5,000/- was transferred in the account of accused-appellant from the account of Anil. The allegation against the appellant is grave in nature, therefore the present appeal deserves to be dismissed. 5. Heard and perused the material available on the record. [2025:RJ-JP:48732] (3 of 3) [CRLAS-2690/2025] 6. Considering the arguments advanced by learned counsel for the appellant so also the period of incarceration of the appellant, without commenting anything on the merits of the case, I deem it just and proper to allow the appeal. 7. Accordingly, the instant appeal is allowed. The impugned order dated 20.09.2025 passed by the learned Special Judge, SC/ST (Prevention of Atrocity Cases), Bundi is hereby set aside. It is ordered that the accused-appellant Alfaiz @ Aalu S/o Yusuf Khan, who is in custody in connection with F.I.R. No.126/2024 registered at Police Station Indargarh, District Bundi shall be released on bail; provided he furnishes a personal bond in the sum of Rs.50,000/- and two surety bonds 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. (PRAVEER BHATNAGAR),J ashu /32