[2025:RJ-JP:8797] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Appeal (Sb) No. 407/2025 1. Girraj Prasad Sharma S/o Kamlesh Kumar, Aged About 23 Years, Resident Of Hamirpur Police Station Pratapgarh District Alwar (Accused Petitioner Confined In District Jail Alwar) 2. Bablu Sharma S/o Kamlesh Kumar, Aged About 20 Years, Resident Of Hamirpur Police Station Pratapgarh District Alwar (Accused Petitioner Confined In District Jail Alwar) 3. Shrimati Meera Devi Wife Of Kamlesh Kumar Sharma, Aged About 44 Years, Resident Of Hamirpur Police Station Pratapgarh District Alwar (Accused Petitioner Confined In District Jail Alwar) ----Appellants Versus 1. State Of Rajasthan, Through P.P. 2. Makhan Lal S/o Narayanram, Resident Of Hamirpur Police Station Pratapgarh District Alwar ----Respondents For Appellant(s) : Mr. Prakash Chand Thakuriya For Respondent(s) : Mr. Manvendra Singh, PP, Mr. Rajani Kant HON'BLE MR. JUSTICE PRAVEER BHATNAGAR Order 27/02/2025 1. The instant appeal has been filed under Section 14 of the SC/ST (Prevention of Atrocities) Act, 1989 on behalf of the appellants, who are in custody in connection with F.I.R. No.295/2024 dated 18.12.2024, registered at Police Station Pratapgarh, District Alwar for the offences under Sections 115(2), 126(2), 3(5) and 352 of BNS and Sections 3(1)(r), 3(1)(s) and 3(2)(va) of SC/ST (Prevention of Atrocities) Act against the order [2025:RJ-JP:8797] (2 of 3) [CRLAS-407/2025] dated 30.01.2025 passed by the learned Special Judge, SC/ST (Prevention of Atrocity) Cases, Alwar whereby, the bail application preferred under Section 483 BNSS on behalf of the appellants was 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 apart from the offence of the SC/ST Act, all the offences against the accused-appellants are bailable. The injuries sustained to the injured are neither dangerous to life nor at the vital parts. The injuries sustained to injured at his head was found to be grievous in nature. The accused-appellants are in custody since 28.01.2025 and there are no criminal antecedents against the accused-appellants. The trial of the case may take considerable time, therefore, the appeal of accused-appellants may be allowed. 3. Per contra, learned Public Prosecutor as well as learned counsel for the complainant have vehemently opposed the arguments advanced on behalf of the appellants. 4. It is not desirable to express anything on the merits of the case. Considering the fact that the injuries sustained to injured are neither at vital part nor dangerous to life, therefore, I deem it just and proper to allow the appeal. 5. Consequently, the instant appeal is allowed. The impugned order dated 30.01.2025 passed by the learned Special Judge, SC/ST (Prevention of Atrocity Cases), Alwar is set aside. It is ordered that the accused-appellants namely: 1. Girraj Prasad Sharma S/o Kamlesh Kumar, 2. Bablu Sharma S/o Kamlesh [2025:RJ-JP:8797] (3 of 3) [CRLAS-407/2025] Kumar, 3. Shrimati Meera Devi Wife Of Kamlesh Kumar Sharma, who are in custody in connection with F.I.R. No.295/2024 dated 18.12.2024, registered at Police Station Pratapgarh, District Alwar shall be released on bail; provided each of them furnish 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 Keshav/86