[2026:RJ-JP:2578] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Appeal (Sb) No. 3255/2025 Vishal Singh Rawat Son Of Shri Megh Singh, Resident Of Village Madarpura, Police Station Alwar Gate, District Ajmer. (At Present Accused Appellant Confined In Central Jail Ajmer) ----Appellant Versus 1. State Of Rajasthan, Through Public Prosecutor 2. Kaluram Morya Son Of Shri Pema Ram, Resident Of Kis- hanpura, Pushkar, Police Station Pushkar, Ajmer. ----Respondents For Appellant(s) : Mr. Anil Kumar For Respondent(s) For Complainant(s) : : Mr. Vivek Choudhary, PP Mr. S.L. Sharma HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 21/01/2026 1. The instant appeal under Section 14A(2) SC/ST (Prevention of Atrocities) Act has been filed being aggrieved of the order dated 20.11.2025 passed by the learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Ajmer (Raj.) in Second Criminal Bail Application No.1133/2025 rejecting the bail application preferred on behalf of the appellant, who is in custody in connection with FIR No.77/2024 registered at Police Station Pushkar, District Ajmer for offences punishable under Sections 302 & 34 of IPC. After completion of investigation, police filed charge-sheet in this matter for offences punishable under Sections 341 & 302/34 of IPC and Section 3(2)(v) of SC/ST (Prevention of Atrocities) Act, 1989 (Amendment 2015). 2. On an earlier occasion, a criminal appeal (bail) filed by the appellant was dismissed as withdrawn by this Court vide order [2026:RJ-JP:2578] (2 of 3) [CRLAS-3255/2025] dated 10.02.2025 while giving liberty to renew the prayer for bail after recording the testimony of sole eye-witness namely Sunil Kudiya. Thereafter, appellant moved a second bail application before the learned trial Court however, same was dismissed vide order dated 20.11.2025 thus, this criminal appeal (bail) has been filed on behalf of the appellant. 3. It is contended by learned counsel for the appellant that appellant has falsely been implicated in this case. He submits that the sole eye-witness of this case namely, Sunil Kudiya has been examined during the course of trial wherein he has not supported the prosecution case and he has been declared hostile by the prosecution. Counsel contends that bare perusal of the FIR would reveal that complainant of this case is not the eye-witness. It is submitted that there are no criminal antecedents against the appellant and trial will take considerable time in its conclusion. Counsel submits that appellant is in custody since 15.03.2024 and further custody of the appellant would not serve any fruitful purpose. 4. Per contra, learned Public Prosecutor assisted by learned counsel for the complainant vehemently opposes the prayer for bail made in this appeal. Learned counsel for the complainant submits that according to the DNA report, the alleles of DNA profile obtained from exhibit No.18 (plain blood sample of deceased) is matching with alleles of DNA profile obtained from exhibit No.15 i.e., shirt of the appellant. 5. Heard learned counsel for the parties. Perused the material available on record. [2026:RJ-JP:2578] (3 of 3) [CRLAS-3255/2025] 6. Having regard to the totality of the facts and circumstances; considering the arguments advanced by learned counsel for the parties, especially considering the material available on record, as also the fact that sole eye-witness of this case has been declared hostile by the prosecution, so also the fact that there are no criminal antecedents against the appellant and trial will take considerable time in its conclusion as well as looking to the 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. 7. Consequently, the instant appeal is allowed. The impugned order dated 20.11.2025 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Ajmer in Second Criminal Bail Application No.1133/2025 is set aside. It is ordered that the accused-appellant Vishal Singh Rawat Son Of Shri Megh Singh arrested in connection with FIR No.77/2024 registered at Police Station Pushkar, District Ajmer, shall be released on bail, provided he furnishes a personal bond of Rs.1,00,000/- and two sureties of Rs.50,000/- 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. 8. The observations made hereinabove are only for decision of the appeal (bail) and would not have any impact on the trial of the case in any manner. (ANIL KUMAR UPMAN),J GAUTAM JAIN /16