[2025:RJ-JP:41106] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Appeal (SB) No. 2688/2025 Amit Kumar S/o Shri Vijay Singh, Aged About 30 Years, R/o Quarter No. 10, Sector 9-C, Bokaro Still City, Bokaro, Police Station Harla, District Bokaro, Jharkhand, Presently Tenant At Plot No. 82, Shyam Nagar, Golyawas Mansarovar, Police Station Mansarovar, Jaipur. (At Present Confined In Central Jail Jaipur) ----Accused-Appellant Versus 1. State Of Rajasthan, Through P.P. Respondent 2. Vishwesh Kumar S/o Ramkesh, R/o 482, Pati Kala, Bamanwas, Sawai Madhopur, Presently Residing At A-68, Vishnu Vihar, Jagatpura, Jaipur, Pratap Nagar (Jaipur City (East), Rajasthan. ----Complainant/Respondent For Appellant(s) : Dr. Mithlesh Kumar, Adv. For Respondent(s) : Mr. N.S. Dhakar, PP and Mr. Pushpendra Pandey, Adv., for complainant. HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 09/10/2025 1. The instant appeal has been filed under Section 14(A)(2) of SC/ST (Prevention of Atrocities) Act being aggrieved of the order dated 25.09.2025 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Jaipur Metropolitan–I in Second Bail Application No.214/2025 rejecting the bail application preferred on behalf of the appellant, who is in custody in connection with FIR No.440/2025 registered at Police Station Shipra Path, District Jaipur City (South) for offences punishable [2025:RJ-JP:41106] (2 of 4) [CRLAS-2688/2025] under Sections 318(4), 316(2), 189(2), 115(2), 126(2), 127(2), 140(3) & 308(2) of BNS, 2023, Section 27 of Arms Act and Section 3(2)(va) of SC/ST (Prevention of Atrocities) Act, 1989 (Amendment 2015). After completion of investigation, police filed charge sheet in this matter. 2. Learned counsel for the appellant submits that previous criminal appeal (bail) of the appellant was dismissed as withdrawn as in another case, appellant was languishing in jail. He further submits that in that other case, benefit of bail has been granted to him. In these circumstances, thus the instant appeal is being preferred on behalf of the appellant. 3. It is contended by learned counsel for the appellant that appellant has falsely been implicated in this case. Learned counsel submits that other co-accused have already been granted benefit of bail by this Court. He further submits that co-accused has entered into a compromise with the complainant. He argues that charge-sheet has already been filed and trial of the case will take considerable time in its conclusion. He contends that appellant is in custody since 05.07.2025 and further custody of the appellant would not serve any fruitful purpose. 4. Per contra, learned Public Prosecutor assisted by learned counsel for the complainant vehemently opposes the prayer for bail made in this appeal. They submit that the appellant is a habitual offender as other case has been registered against him. 5. Heard. Perused the material available on record. 6. Having regard to the totality of the facts and circumstances; considering the arguments advanced by learned counsel for the [2025:RJ-JP:41106] (3 of 4) [CRLAS-2688/2025] parties, especially the fact that other co-accused have been granted benefit of bail by this Court; charge-sheet has been filed 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. 7. Consequently, the instant appeal is allowed. The impugned order dated 25.09.2025 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Jaipur Metropolitan–I is set aside. It is ordered that the accused-appellant- Amit Kumar S/o Shri Vijay Singh arrested in connection with aforesaid FIR No.440/2025 registered at Police Station Shipra Path, District Jaipur City (South) shall be released on bail, if not wanted in any other case, provided he shall furnish 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. 8. However, it is made clear that the appellant shall not involve in similar offence(s) during currency of bail granted by this Court. It is further directed that appellant shall share his mobile number (in use) to the trial Court and Investigating Agency and he shall not switch off his phone for longer period. 9. If breach of any 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 him by this Court. [2025:RJ-JP:41106] (4 of 4) [CRLAS-2688/2025] 10. The observation made hereinabove is only for decision of the instant criminal appeal (bail) and would not have any impact on the trial of the case in any manner. (ANIL KUMAR UPMAN),J MADAN/29