[2025:RJ-JP:5958] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Appeal (Sb) No. 370/2025 Shadab Ali @ Malang S/o Mohammed Ansari, R/o Mewati Mohalla Indargarh Police Thana Indargarh District Bundi Rajasthan At Present R/o Mohan Lal Sukhadiya Coloni C- Nanta P.s. Nanta District Kota Rajasthan (At Present Confined At District Jail Bundi) ----Appellant Versus 1. The State Of Rajasthan, Through P.p. 2. Chauthmal S/o Bhanwar Lal Meena, R/o Budhkarwar Karwar District Bundi Rajasthan ----Respondents Connected With S.B. Criminal Appeal (Sb) No. 3191/2024 Yashwant @ Raja S/o Mahaveer, R/o Near Pani Ki Tanki, Near Sweet Home Coloni Balita Road Kunhari Police Thana Kunhari District Kota Rajasthan (At Present Confined At Central Jail Bundi) ----Appellant Versus 1. State Of Rajasthan, Through Pp 2. Chauthmal S/o Bhanwarlal Meena, R/o Budhkarwar Karwar Bundi Rajasthan ----Respondents S.B. Criminal Appeal (Sb) No. 340/2025 Himanshu S/o Rajeev, R/o Pansari Ki Gali Ward No. 12 Pansari Ki Gali K Patan Police Station K Patan Distt. Bundi (Raj) (At Present Confined In District Jail Bundi) ----Appellant Versus 1. State Of Rajasthan, Through The Public Prosecutor 2. Chauthmal S/o Bhanwarlal Meena, Aged About 53 Years, R/o Boodhkarwar Police Station Karwar District Bundi ----Respondents [2025:RJ-JP:5958] (2 of 5) [CRLAS-370/2025] For Appellant(s) : Mr. Abdul Rahim Khan, Dr. Mahesh Sharma For Respondent(s) For Complainant(s) : : Mr. Sudesh Saini, AGA with Mr. Kshitij Tiwari, Mr. Vijendra Yadav HON'BLE MR. JUSTICE PRAVEER BHATNAGAR Order 11/02/2025 1. These instant appeals have been filed under Section 14A(2) SC/ST (Prevention of Atrocities) Act, 1989 on behalf of the appellants, who are in custody in connection with F.I.R. No.126/2024, registered at Police Station Indragarh, District Bundi for the offences under Section 140(2) of BNS and Section 3(2)(v) of SC/ST (Prevention of Atrocities) Act against the order dated 24.01.2025 in Criminal Appeal Nos.24/2025 and 25/2025 and order dated 14.11.2024 in Criminal Appeal No.319/2024 respectively, passed by the learned Special Judge, SC/ST (Prevention of Atrocity) Cases, Bundi whereby, the bail applications preferred under Section 483 BNSS on behalf of the appellants were rejected. 2. Learned counsel for the appellants submits that the appellants have falsely been implicated in the case. Counsel for the accused-appellants further submits that prosecution has examined the star witness as PW-1 "Vikas Meena", Vikas Meena in his examination-in-chief has not identified the person who committed offence against him. In his statement, he simply stated that he was not knowing the persons but one of them was called as Aloo. It is also contended that no identification parade was [2025:RJ-JP:5958] (3 of 5) [CRLAS-370/2025] conducted during investigation from Vikas Meena, Arvind and Rajneesh. It is also contended that even in the Court during statement of PW-1 Vikas Meena, learned Public Prosecutor did not endevour to identify the culprits. The other witnesses are hearsay witnesses. It is also contended that the other material eye witnesses, namely: Rajneesh and Arvind in their statements rendered under Section 180 of BNSS, not named the accused- appellants namely: Shadab Ali @ Malang, Yashwant @ Raja and Himanshu S/o Rajeev. It is also contended that the accused- appellants are in custody since long and trial of the case may take considerable time, therefore, these appeals of accused-appellants may be allowed. 3. Per contra, learned Additional Government Advocate as well as learned counsel for the complainant have vehemently opposed the arguments advanced on behalf of the accused-appellants. It is contended that accused-appellant Yashwant @ Raja was arrested at the place, where the victim Vikas Meena was kept in in-captivation. It is also contended that the accused-appellants along with the other co-accused Alfaiz @ Aalo committed kidnapping of the victim and thereafter, demanded a ransom of Rs.2,00,000/- and also kept him in a farm house, where the victim was given beating and victim also sustained two injuries. It is also contended that the victim in his statement before the Court has corroborated the entire prosecution story. The material eye witnesses namely: Arvind and Rajneesh are yet to be examined, therefore, the appeals of accused-appellants may be dismissed. 4. Heard and perused the material available on record. [2025:RJ-JP:5958] (4 of 5) [CRLAS-370/2025] 5. PW-1 Vikas Meena in his Court statement has narrated the entire story, but not named the present accused-appellants as culprits. No identification parade was conducted during the investigation and the Public Prosecutor also did not endeavor to identify the accused-appellants from the star witness PW-1 Vikas Meena during his cross-examination. The witness has denied the presence of accused-appellant Himanshu S/o Rajeev, in committing the offence. The other eye witnesses Rajneesh and Arvind in their statements rendered under Section 180 of BNSS have named the other co-accused Alfaiz @ Aloo as one of the culprit. Identification parade was not conducted from these witnesses regarding the presence of the present accused- appellants in commission of crime. The accused-appellants are in custody since long, therefore, without commenting anything on the merits of the case, I deem it just and proper to allow the appeals. 6. Consequently, these instant appeals are allowed. The impugned order dated 24.01.2025 in Criminal Appeal Nos.24/2025 and 25/2025 and order dated 14.11.2024 in Criminal Appeal No.319/2024, passed by the learned Special Judge, SC/ST (Prevention of Atrocity Cases), Bundi are hereby set aside. It is ordered that the accused-appellants namely: 1. Shadab Ali @ Malang S/o Mohammed Ansari, 2. Yashwant @ Raja S/o Mahaveer and 3. Himanshu S/o Rajeev, who are in custody in connection with F.I.R. No.126/2024 dated 05.08.2024, registered at Police Station Indragarh, District Bundi shall be released on bail; provided they furnish a personal bond in the sum of [2025:RJ-JP:5958] (5 of 5) [CRLAS-370/2025] 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 Keshav/12-14