HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Appeal (Sb) No. 500/2025 Sahil Son Of Shri Fakruddin, Aged About 21 Years, Resident Of Dantla Police Station Khairthal District Khairthal Tijara (Raj) (At Present In Central Jail Alwar) ----Appellant Versus 1. State Of Rajasthan, Through P.p 2. Ashok Nahar Son Of Shri Guganram, Resident Of Khirigachi Police Station Khairthal District Khairthal Tijara (Rajasthan) ----Respondents For Appellant : Mr. Surendra Singh Sunda For Respondent(s) For Complainant : : Mr. Naresh Kumar Gupta, PP Mr. Ayush Kumar Katara for Mr. Ajay Yadav HON'BLE MR. JUSTICE PRAMIL KUMAR MATHUR Order 17/04/2025 1. This criminal appeal under Section 14A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter to be referred as 'the SC/ST Act’) has been filed on behalf of the appellant being aggrieved with the order dated 24.01.2025 passed by the learned Special Judge S.C./S.T. (Prevention of Atrocities Cases), Alwar (hereinafter to be referred as ‘trial court’) in FIR No. 556/2023 registered at Police Station Khairthal, District Khairthal-Tijara for the offence under Sections 148, 149, 323, 341, 307, 302, 120B IPC and Sections 3(1) (r)(s) and 3(2)(v) of SC/ST Act whereby the trial court has dismissed the second bail application filed on behalf of the appellant. 2. Heard the learned counsel for the appellant and learned Public Prosecutor and perused the material on record. (2 of 3) [CRLAS-500/2025] 3. Learned counsel for the appellant submits that the appellant was not named in the FIR. He further submits that the trial Court has recorded the statement of material witnesses and as per the statement recorded, none of the witness has uttered any specific act about the present appellant. Injured PW1-Amit Kumar has not supported the story of prosecution even the brother of Amit Kumar examined as PW6- Satveer has turned hostile. No recovery was made from present appellant. As per the medical report of injured Amit Kumar, the offence of Section 307 IPC is not made out. He further submits that the appellant is behind the bars since 22.10.2023 and he has no criminal antecedents. Hence, the appeal be allowed and the appellant may be enlarged on bail. 4. Learned Public Prosecutor opposes the prayer made on behalf of the appellant and he submits that involvement of the Shahruk and Sahil in the crime cannot be ruled out as per the statement made by the PW1-Amit Kumar. He further submits that as per the FIR, Umersed, Golu, Sohail, Shahrukh, Karan and another 2-3 persons have formed the unlawful assembly with deadly weapon and inflicted injuries to the injured Amit Kumar and Yogender, which resulted the death of Yogender. Though there is a slight` contradictions in the witnesses recorded during the trial but that contradictions are not substantial or material by which it can be held that the prosecution has failed to establish his case, therefore, appeal of the accused-appellant is dismissed. 5. On consideration of the rival submission and material available on record and deliberating all the facts and circumstances of the case and without expressing any opinion on the merits/demerits of the case, I am not inclined to allow the present appeal. (3 of 3) [CRLAS-500/2025] 6. Hence, the present appeal is hereby dismissed. (PRAMIL KUMAR MATHUR),J Arun/369