[2025:RJ-JP:12887] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Appeal (Sb) No. 537/2025 Krishan Bansrota @ Krishna Bansrota Son Of Shri Chiranjilal, Aged About 27 Years, Resident Of Badh Kunkata Khurd Presently Resident Of Nasiya Colony, Gangapur City, Police Station Gangapur City (Rajasthan) (The Accused Appellant Presently Confined In District Jail Sawai Madhopur) ----Appellant Versus 1. State Of Rajasthan, Through PP 2. Sunil @ Modya Son Of Shri Kailash Meena, Resident Of Ramsinghpur Police Station Batoda Dsitrict Gangapur City (Rajasthan) ----Respondents For Appellant(s) : Mr. Rajneesh Gupta For Respondent(s) For Complainant(s) : : Mr. Shriram Dhakad, PP Mr. Anshuman Saxena HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 20/03/2025 1. The instant appeal has been filed under Section 14A SC/ST (Prevention of Atrocities) Act being aggrieved of the order dated 27.01.2025 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Sawai Madhopur (Raj) in Bail Application No.15/2025 rejecting the bail application preferred on behalf of the appellant, who is in custody in connection with FIR No.68/2024 registered at Police Station Gangapur City, District Gangapur City (Rajasthan) for the offences punishable under Sections 307, 120B, 506 & 34 of IPC, Section 3/25 of Arms Act [2025:RJ-JP:12887] (2 of 4) [CRLAS-537/2025] 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 initially, FIR was registered on the basis of Parcha Bayan of the injured/victim and it was alleged that appellant caused firearm injury on the leg of the injured. It is submitted that injured/victim changed his story when he was examined under section 161 Cr.PC and stated that two persons came on motorcycle and caused firearm injury on his leg but he could not identify those persons as one person was wearing helmet and face of the other person was covered. It is submitted that appellant surrendered himself in pursuance of order dated 07.10.2024 passed by co-ordinate bench of this court in S.B. Criminal Miscellaneous (Petition) No. 6231/2024 which was preferred by the appellant to quash the aforesaid FIR. Counsel submits that co-accused persons namely- Yogesh @ Yogi, Sandeep @ Deepu @ Deepak, Surendra, Pankaj and Jarif have already been granted benefit of bail by co-ordinate Bench of this Court. It is contended that trial will take considerable time in its conclusion. Appellant is in custody since 17.10.2024 and further custody of the appellant would not serve any fruitful purpose. 3. Per contra, learned Public Prosecutor assisted by learned counsel for the complainant vehemently opposes the prayer of bail made in this appeal. It is submitted that appellant is a habitual offender and hardcore criminal as 10 other cases of almost similar [2025:RJ-JP:12887] (3 of 4) [CRLAS-537/2025] nature including offences punishable under sections 302 and 307 of IPC have been registered against him. 4. Heard learned counsel for the appellant, learned counsel for the complainant and learned Public Prosecutor. Perused the material available on record. 5. Having regard to the totality of the facts and circumstances; considering the arguments advanced by learned counsel for the parties, especially the fact that when injured/victim was examined under section 161 Cr.PC, he did not level allegation against the appellant of causing firearm injury on his leg, so also considering the fact that benefit of bail has already been granted to co-accused persons namely- Yogesh @ Yogi, Sandeep @ Deepu @ Deepak, Surendra, Pankaj and Jarif by co-ordinate Bench of this Court and 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 appellant on bail. 6. Consequently, the instant appeal is allowed. The impugned order dated 27.01.2025 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Sawai Madhopur (Raj) in Bail Application No.15/2025 is set aside. It is ordered that the accused-appellant- Krishan Bansrota @ Krishna Bansrota Son Of Shri Chiranjilal arrested in connection with FIR No.68/2024 registered at Police Station Gangapur City, District Gangapur City (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 [2025:RJ-JP:12887] (4 of 4) [CRLAS-537/2025] 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. Considering the criminal antecedents of the appellant, it is directed that the accused-appellant shall not involve in any other offence(s) during currency of the bail and he shall mark his presence in first and third week of every month in the concerned police station till conclusion of the trial. It is further directed that the accused-appellant shall not make any contact with the injured/victim of this case in any manner. 8. 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 him by this Court. 9. Concerned SHO is directed to maintain a register recording the attendance of the appellant. In case the appellant fails to mark his presence in the concerned police station, the concerned SHO is directed to immediately report the matter to the concerned Court in this regard. 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 LALIT MOHAN /225