[2025:RJ-JP:34190] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Appeal (Sb) No. 430/2025 Sunil Kumar Bhat S/o Kalu Ji Bhat, R/o Docter Karnawat Ki Gali Sumaran Chopad Beawar P.s. Beawar City Ajmer (At Present Confined In District Jail, Ajmer) ----Appellant Versus 1. State Of Rajasthan, Through PP 2. Vijay S/o Harish, R/o Kamal Ji Tal Vale Ka Makan, Sedriya Beawar Ajmer ----Respondents For Appellant(s) : Mr. Amit Dadhich with Mr. Krishna Kant Sharma & Mr. Vishal Choudhary For Respondent(s) For Complainant(s) : : Mr. N.S. Dhakar, PP Mr. Ayush Agarwal HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 27/08/2025 1. The instant appeal has been filed under Section 14A(2) of SC/ST (Prevention of Atrocities) Act being aggrieved of the order dated 06.03.2024 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Ajmer (Raj.) in Bail Application No.250/2024 (CIS No.250/2024) rejecting the bail application preferred on behalf of the appellant, who is in custody in connection with FIR No.208/2023 registered at Police Station Beawar City, District Ajmer (Rajasthan) for the offences punishable under Sections 302 & 34 of IPC and Section 3(2)(v) of SC/ST (Prevention of Atrocities) Act, 1989 (Amendment 2015). After completion of investigation police filed charge-sheet in this [2025:RJ-JP:34190] (2 of 3) [CRLAS-430/2025] matter for the offences punishable under Sections 302, 143, 149 & 147 of IPC and Section 3(2)(v) of SC/ST (Prevention of Atrocities) Act, 1989 (Amendment 2015). 2. It is contended by learned counsel for the appellant that appellant has falsely been implicated in this case. Counsel submits that complainant who is brother of the deceased has not supported the prosecution case and other witness has been declared hostile. It is submitted that trial will take considerable time in its conclusion. Counsel submits that appellant is in custody since 12.03.2023 and further custody of the appellant would not serve any fruitful purpose. 3. Per contra, learned Public Prosecutor opposes the prayer of bail made in this appeal. 4. Learned counsel appearing for the complainant does not dispute the fact that complainant has not supported the prosecution case. 5. Heard learned counsel for the appellant, learned counsel for the complainant and learned Public Prosecutor. 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 parties, especially considering the fact that complainant who is brother of the deceased has not supported the prosecution case as it has been clearly stated by him in his cross-examination that appellant was not involved in commission of the crime and trial will take considerable time in its conclusion as well as looking to the period of custody, but without expressing any opinion on [2025:RJ-JP:34190] (3 of 3) [CRLAS-430/2025] 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 06.03.2024 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Ajmer (Raj.) in Bail Application No.250/2024 (CIS No.250/2024) is set aside. It is ordered that the accused-appellant Sunil Kumar Bhat S/o Kalu Ji Bhat arrested in connection with FIR No.208/2023 registered at Police Station Beawar City, District Ajmer (Rajasthan), shall be released on bail, if not wanted in any other case, provided he 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. 8. The observations made hereinabove are only for decision of the instant appeal (bail) and would not have any impact on the trial of the case in any manner. (ANIL KUMAR UPMAN),J LALIT MOHAN /275