[2026:RJ-JP:27225] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Appeal (Sb) No. 1461/2026 URN: CRLAS / 2602U / 2026 Kamlesh Rani Daughter Of Pradeep Kumar Wife Of Bheem Singh, Aged About 34 Years, Resident Of Ward No.05, Behind New Central Jail, Suratgarh, Police Station Suratgarh City, District Ganganagar (Rajasthan), At Present Resident Of Ranglal Ka Pura, Police Station Todabheem, District Karauli (Rajasthan) (At Present Confined In District Jail, Karauli) ----Accused-Appellant Versus 1 State Of Rajasthan, Through P.P. ----Respondent 2 Hariram Meena Son Of Johri Lal, Resident Of Gajjupura, Police Station Todabheem, District Karauli (Rajasthan) ----ComplainantRespondents For Appellant(s) : Mr. Girish Khandelwal For Respondent(s) : Mr. Pravendra Kuntal & Mr. Pankaj Maderna HON'BLE MR. JUSTICE BIPIN GUPTA Judgment / Order 16/07/2026 1. The criminal appeal has been filed assailing the order dated 20.06.2026, passed by learned Special Judge, Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Cases, Karauli, in Criminal Misc. Case No. 81/2026, whereby the bail application of the petitioner was rejected, in connection with FIR No. 152/2026, Police Station-Todabhim, District-Karauli, for offences under Section 190, 191(2), 191(3), 115(2), 126(2), 221, 132, 109(1) & 61(2) of BNS, 2023 and Sections 3(1)(r)(s) & 3(2)(va) of the [2026:RJ-JP:27225] (2 of 4) [CRLAS-1461/2026] Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act 1989 (hereinafter referred to as the SC/ST Act). 2. Learned counsel for the petitioner submits that the petitioner is a young pregnant lady, as per the report dated 04.06.2026 she is having seven week and three days pregnancy. He further submits that the petitioner requires immediate medical attention for the purpose of carrying out the healthy delivery. 3. Learned counsel for the petitioner submits that the allegation against the petitioner is that she called her husband whereas the firearm has been used by her husband namely Bheem Singh. He further submits that the petitioner was in a Government job. Now she has been suspended. 4. Learned counsel for the petitioner further submits that all the offences except offence under Section 109(1) of the BNS, 2023 are triable by Magistrate and the offences of SC/ST Act are triable by Special Court. He further submits that the allegation for 109(1) of BNS, 2023 could be at best attributed to Bheem Singh and not to the present petitioner, and as per the FIR, the firearm has been used by Bheem Singh. 5. Learned counsel for the petitioner further submits that initially in FIR, there is no allegation attracting any of the offence of SC/ST Act and further submits that subsequently the offences have been added. He further submits that there is no allegation in the FIR of abusing victim by caste in any manner. He, therefore, submits that the offence of SC/ST Act are not attracted. 6. Learned counsel for the petitioner submits that there are no antecedents against the petitioner of committing any offence of similar in nature or any other nature. He further submits that [2026:RJ-JP:27225] (3 of 4) [CRLAS-1461/2026] investigation/trial will take considerable long time, therefore, he prays that the appellant may be enlarged on bail as the accused- appellant is in custody since 16.06.2026. 7. Per contra, learned Public Prosecutor as well as the learned counsel for the complainant/respondent opposes the present appeal. 8. Learned counsel for respondent No.2 submits that the accused-petitioner had called her husband and the incident happened because of her calling. He further submits that had the petitioner not called her husband, this incident would not have happened. He, therefore, submits that Bheem Singh had used the firearm causing injury to the victim/complainant. He, therefore, submits that the appeal filed by the appellant may be rejected. 9. Heard and perused the material available on record. 10. Without commenting on the merits of the case, and considering that the petitioner is a pregnant woman, that no direct role has been attributed to her in causing any injury to any person, that she had merely called her husband to defend her, and that, prima facie, no offence under the SC/ST Act was disclosed in the FIR, coupled with the fact that the firearm was allegedly used by her husband, namely, Bheem Singh; further that the petitioner has no criminal antecedents involving in any offence of a similar nature or otherwise, and that the investigation/trial is likely to take a considerable period of time, this Court is of the considered opinion that the present appeal deserves to be allowed. 11. Consequently, the instant appeal is allowed. The impugned order dated 20.06.2026, passed by learned Special Judge, Scheduled Caste and Scheduled Tribe (Prevention of Atrocities [2026:RJ-JP:27225] (4 of 4) [CRLAS-1461/2026] Cases), Karauli, is set aside. It is ordered that the accused- appellant Kamlesh Rani Daughter Of Pradeep Kumar Wife Of Bheem Singh, who is in custody in connection with FIR No. 152/2026, Police Station-Todabhim, District-Karauli, shall be released on bail; provided he furnishes a personal bond of Rs.1,00,000/- (Rupees: One Lakh Only) with two sureties of Rs.50,000/- (Rupees: Fifty Thousand Only) 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 till the completion of the trial and with additional following conditions: (i) The appellant shall not leave country without the permission of the Court; (ii) The appellant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected; and (iii) The appellant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence. (BIPIN GUPTA),J 109/MAHIMA