[2025:RJ-JP:13512] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Appeal (Sb) No. 344/2025 1. Ajeet @ Punjabi S/o Om Prakash, R/o Tapilya P.s. Ringas District Sikar (Raj) (At Present Confined In District Jail Sikar) 2. Balram Bajiya S/o Manguram, Aged About 99 Years, R/o Devipura P.s. Ringas District Sikar (Raj) (At Present In District Jail Sikar) ----Appellants Versus 1. State Of Rajasthan, Through Pp 2. Pradeep Meena S/o Girdhari Lal, R/o Chala Police Station Neem Ka Thana, Sadar District Sikar (Rajasthan) ----Respondents For Appellant(s) : Mr. Vidhut Kumar Gupta For Respondent(s) : Mr. Shriram Dhakad, PP Mr. Anish Badala HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 25/03/2025 1. The instant appeal has been filed under Section 14A (2) of SC/ST (Prevention of Atrocities) Act being aggrieved of the order dated 22.10.2024 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Sikar (Raj.) in Bail Application No. 838/2024 rejecting the bail application preferred on behalf of the appellants, who are in custody in connection with FIR No.391/2024 registered at Police Station Neem Ka Thana Sadar, District Neem Ka Thana for the offences punishable under Sections 115(2), 126(2), 140(3) & 189(2) of the Bharatiya Nyaya Sanhita (in short ‘BNS’), 2023 and Sections 3(1)(r), 3(1)(s) & 3(2)(va) of [2025:RJ-JP:13512] (2 of 4) [CRLAS-344/2025] SC/ST (Prevention of Atrocities) Act, 1989 (Amendment, 2015). After completion of investigation, police filed charge-sheet in this matter for the offences punishable under Sections 115(2), 126(2), 140(3), 190, 191(2), 191(3), 331(6), 61(2)(b) & 189(2) of the Bharatiya Nyaya Sanhita (in short ‘BNS’), 2023 and Sections 3(1) (r), 3(1)(s), 3(2)(v) & 3(2)(va) of SC/ST (Prevention of Atrocities) Act, 1989 (Amendment, 2015). 2. It is contended by learned counsel for the appellants that appellants have falsely been implicated in this case. Counsel submits that during the course of trial, victim-injured of this case has been examined wherein he has levelled omnibus allegations against the petitioners. It is submitted that other co-accused persons have been granted benefit of bail by the co-ordinate bench of this court. Charge-sheet has been filed and trial will take considerable time in its conclusion. Appellants are in custody since their date of arrest and further custody of the appellants would not serve any fruitful purpose. 3. Per contra, learned Public Prosecutor assisted by learned counsel for complainant vehemently opposes the prayer of bail made in these appeals. They submit that petitioners are named in FIR as well as in testimony of victim-injured recorded during the course of trial. They further submit that appellants are habitual offenders as several case have been registered against them. 4. Heard learned counsel for the appellants and learned Public Prosecutor. 5. Having regard to the totality of the facts and circumstances; considering the arguments advanced by learned counsel for both [2025:RJ-JP:13512] (3 of 4) [CRLAS-344/2025] the parties, so also considering the role attributed to the appellants as mentioned in the charge-sheet and the fact that other co-accused persons have been granted bail by the co- ordinate bench of this court; trial will take considerable time in its conclusion as well as looking to the custody period, but without expressing any opinion on merits/demerits of this case, this Court deems it just and proper to enlarge the appellants on bail. 6. Consequently, the instant appeal is allowed. The impugned order dated 22.10.2024 passed by the Special Judge, SC/ST (Prevention Of Atrocities) Cases, Sikar (Raj.) is set aside. It is ordered that the accused-appellants- 1) Ajeet @ Punjabi S/o Om Prakash & 2) Balram Bajiya S/o Manguram, arrested in connection with FIR No. 391/2024 registered at Police Station Neem Ka Thana Sadar, District Neem Ka Thana, 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. 7. 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 and third week of every month in the concerned police station, till trial is concluded. 8. 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 [2025:RJ-JP:13512] (4 of 4) [CRLAS-344/2025] immediately report the matter to the concerned Court in this regard. 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 them by this Court. 10. The observation made herein above is only for decision of the instant appeal and would not have any impact on the trial of the case in any manner. (ANIL KUMAR UPMAN),J GAUTAM JAIN /259