Research › Search › Judgment

High Court of Rajasthan · body

2026 DAILYLAW 1361 (RAJ)

TARUN SAIN S/O LATE ANIL KUMAR SAIN v. STATE OF RAJASTHAN

CRLAS/647/2026 · 2026-04-01

Pramil Kumar Mathur

Criminal Appealbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2026:RJ-JP:13619] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Appeal (Sb) No. 647/2026 Tarun Sain S/o Late Anil Kumar Sain, R/o Badi Mohalla, Devliya Kalan, Police Station Bhinai, District Ajmer. (At Present Confined In Central Jail, Ajmer) ----Appellant Versus 1. State Of Rajasthan, Through Public Prosecutor. 2. Hanuman S/o Polu, Aged About 31 Years, R/o Ekalsingha, Bhinai Ajmer. ----Respondents For Appellant(s) : Mr. Aayush Agarwal For State(s) For Complainant : : Mr. Jaiprakash Tiwari, PP None present HON'BLE MR. JUSTICE PRAMIL KUMAR MATHUR Order 01/04/2026 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 24.02.2026 passed by the learned Special Judge, S.C./S.T. (Prevention of Atrocities Cases), Ajmer (hereinafter to be referred as ‘trial court’) in FIR No.293/2025 registered at Police Station Bhinai, District Ajmer for the offence under Sections 189(2), 351(2), 352 and 111(2)(a) of BNS, 2023, whereby the trial court has dismissed the bail application filed on behalf of the appellant. 2. Heard learned counsel for the appellant as well as learned Public Prosecutor and perused the material on record. [2026:RJ-JP:13619] (2 of 3) [CRLAS-647/2026] 3. Learned counsel for the appellant submits that the appellant has falsely been implicated in this case. He further submits that the allegation against the present petitioner is that he, along with other co-accused persons, was involved in firing at the complainant. However, no specific act has been attributed to the present petitioner. It is further submitted that co-accused Imran Pinara and Pawan Meghwanshi have been enlarged on bail by a Coordinate Bench of this Hon’ble Court vide order dated 17.03.2026, and the case of the present appellant stands on a footing similar to that of the said co-accused. It is also submitted that though four criminal antecedents have been reported against the present appellant but he has been granted bail in all such cases. The appellant is behind the bars since his date of arrest. Therefore, on the ground of parity, the appeal presented by the present appellant deserves to be allowed. 4. Despite service, no one has put in appearance on behalf of the complainant. 5. Learned Public Prosecutor has vehemently opposed the appeal. 6. Considering the facts and circumstances of the case and without commenting anything on the merits/demerits of the case, I deem it just and proper to allow the appeal filed by the appellant under Section 14-A(2) of SC/ST Act. 7. Accordingly, this criminal appeal filed under Section 14-A(2) of SC/ST Act is allowed and order dated 24.02.2026 passed by the learned trial court is set aside. It is directed that appellant-Tarun Sain S/o Late Anil Kumar Sain, shall be released on bail [2026:RJ-JP:13619] (3 of 3) [CRLAS-647/2026] provided he shall execute a personal bond in a sum of Rs.50,000/- with two sound and solvent sureties of Rs.25,000/- each to the satisfaction of learned trial court for he appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial. (PRAMIL KUMAR MATHUR),J Arun/70