[2025:RJ-JP:10060] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Appeal (Sb) No. 511/2025 Bhagyashali Son Of Late Shri Ramhans Gurjar, Aged About 30 Years, Resident Of Burja Ki Dhani, Sikandara Tehsil Sikrai District Dausa (Aj) (At Present Accused Appellant Confined In District Dausa) ----Appellant Versus 1. The State Of Rajasthan, Through Public Prosecutor 2. Kalyan Sahay Meena Son Of Shri Munshiram, Aged About 56 Years, Resident Of Rehdiya Police Station Kolwa District Dausa (Raj) ----Respondents For Appellant(s) : Ms. Sharda Bai Gurjar For Respondent(s) : Mr. N.S. Dhakar, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 05/03/2025 1. The instant appeal has been filed under Section 14A SC/ST (Prevention of Atrocities) Act being aggrieved of the order dated 17.02.2025 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Dausa in Bail Application No.23/2025 rejecting the bail application preferred on behalf of the appellant, who is in custody in connection with FIR No.241/2024, Police Station Kolwa, District Dausa for the offences punishable under Sections 115(2), 126(2), 352, 309(6) & 3(5) of BNS, 2023 and Sections 3(1)(r), 3(1)(s) & 3(2)(va) of SC/ST (Prevention of atrocities) Act. [2025:RJ-JP:10060] (2 of 3) [CRLAS-511/2025] 2. It is contended by learned counsel for the appellant that appellant has falsely been implicated in this case. Counsel submits that in this case, a complaint was also made by the concerned SHO under Section 126 & 170 of BNSS. Counsel submits that as per version mentioned in the complainant, it has been alleged that police was informed by one Girraj Prasad about the incident and on this information, police reached at the place of alleged incident wherein informer Girraj Prasad told that when he was going from home to school, he saw 4-5 boys in his field and when he asked them the reason for being there, they abused and then beat him and then, he raised an alarm and other persons came there but two boys were somehow managed to escape. Counsel submits that surprisingly, there is no mention of the FIR lodger in this complainant. Counsel submits that thereafter, false story was concocted by the complainant of this case and alleged in the FIR that when he was going from home to school then, 4-5 boys snatched one lakh rupees from him. Counsel submits that no such facts were mentioned to the police when after receiving the information from other person, police reached at the place of incident. It is contended that appellant is in custody since 10.02.2025 and further custody of the appellant would not serve any fruitful purpose. 3. Learned Public Prosecutor opposes the prayer of bail made in this appeal. 4. Heard. 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 [2025:RJ-JP:10060] (3 of 3) [CRLAS-511/2025] appellant, as also considering the material available on record in the form of case diary; period of custody, 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, these instant appeals are allowed. The impugned order dated 17.02.2025 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Dausa is set aside. It is ordered that the accused-appellant – Bhagyashali Son Of Late Shri Ramhans Gurjar, arrested in connection with aforesaid FIR No.241/2024, Police Station Kolwa, District Dausa, 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. 7. The observation made hereinabove is only for decision of this appeal and would not prejudice trial in any manner. (ANIL KUMAR UPMAN),J CHARU SONI /242