[2026:RJ-JP:724] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Appeal (Sb) No. 3269/2025 1. Vishnu Kumar Gurjar S/o Kishan Lal Gurjar, Aged About 26 Years, R/o Village Bhadarwas, Police Station Shivdaspura, Jaipur. (Presently Confined In Central Jail Jaipur) 2. Ashok Kumar Sharma S/o Mohan Lal Sharma, Aged About 28 Years, Resident Of Village Aakodiya, Police Station Shivdaspura, Jaipur. (Presently Confined In Central Jail Jaipur) ----Appellants Versus 1. State Of Rajasthan, Through Public Prosecutor. 2. Ghanshyam Sharma, S/o Ramavtar Sharma, R/o Village Shankarwara, Police Station Toda Bhim, District Karauli. At Present Vdo, Gram Panchayat Aakodiya, Panchayat Samiti Kotkhawda, Jaipur. ----Respondents For Appellant(s) : Mr. Nirmal Kumar Sharma For Respondent(s) : Mr. Amit Punia, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 09/01/2026 1. The instant appeal has been filed under Section 14A(2) SC/ST (Prevention of Atrocities) Act being aggrieved of the order dated 06.12.2025 passed by the learned Special Court, SC/ST (Prevention of Atrocities) Cases, Jaipur Metropolitan-I in Bail Application No.264/2025 (CIS No.2450/2025) rejecting the bail application preferred on behalf of the appellants, who are in custody in connection with FIR No.382/2025 registered at Police Station Shivdaspura, District Jaipur City (South) for the offences [2026:RJ-JP:724] (2 of 4) [CRLAS-3269/2025] punishable under Sections 189(2), 115(2), 126(2), 109(1), 352, 121(1) & 131 of the Bharatiya Nyaya Sanhita, (in short ‘BNS’) 2023 and Sections 3(1)(r), 3(2)(va) & 3(1)(s) of SC/ST (Prevention of Atrocities) Act, 1989 (Amendment 2015). After completion of investigation, police filed charge-sheet in this matter for offences punishable under Sections 189(2), 115(2), 126(2), 109(1), 352, 121(1), 131, 190, 191(3), 121(2) & 117(2) of the Bharatiya Nyaya Sanhita, (in short ‘BNS’) 2023 and Sections 3(1) (r), 3(1)(s), 3(2)(v) & 3(2)(va) of SC/ST (Prevention of Atrocities) Act, 1989 (Amendment 2015). 2. It is contended by learned counsel for the appellants that appellants have falsely been implicated in this case. Counsel submits that the appellants are not named in the FIR and they have been made accused in this case solely on the basis of the statement of one witness namely- Lala Ram Meena. It is submitted that other co-accused persons namely- Rambhajan Gurjar, Lalchand Gurjar, Sitaram Gurjar & Babulal Gurjar have already been granted benefit of bail by this Court. Trial will take considerable time in its conclusion. Counsel further submits that appellants are in custody since 03.12.2025 and further custody of the appellants would not serve any fruitful purpose. 3. Per contra, learned Public Prosecutor opposes the prayer of bail made in this appeal. He submits that, according to the statement of the witness- Lala Ram Meena, the appellants were involved in the commission of the alleged crime. Counsel further submits that victim/complainant of this case has duly been informed about hearing of this appeal (bail). [2026:RJ-JP:724] (3 of 4) [CRLAS-3269/2025] 4. Despite information, no one has put in appearance on behalf of the victim/complainant to oppose the prayer for bail made in this appeal. 5. Heard learned counsel for the appellants and learned Public Prosecutor. Perused the material available on record. 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 considering the fact that appellants were not named in FIR and aforementioned co-accused persons have already been granted benefit of bail by this Court 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 appellants on bail. 7. Consequently, the instant appeal is allowed. The impugned order dated 06.12.2025 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Jaipur Metropolitan-I in Bail Application No.264/2025 (CIS No.2450/2025) is set aside. It is ordered that the accused-appellants 1) Vishnu Kumar Gurjar S/o Kishan Lal Gurjar & 2) Ashok Kumar Sharma S/o Mohan Lal Sharma arrested in connection with FIR No.382/2025 registered at Police Station Shivdaspura, District Jaipur City (South), shall be released on bail, provided each of them 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 [2026:RJ-JP:724] (4 of 4) [CRLAS-3269/2025] stipulation to appear before that Court on all dates of hearing and as and when called upon to do so. 8. It is made clear that the accused-appellants shall not involve in any other offence(s) during currency of the bail and they shall mark their presence once in every three months in the concerned police station, till trial is concluded. 9. Concerned SHO shall enter the attendance of the appellants in the Roznamcha. In case the appellants fail to mark their presence in the concerned police station, as directed above, the concerned SHO is directed to immediately report the matter to the concerned Court in this regard. 10. Office is directed to send a copy of this order to the concerned SHO for necessary compliance. 11. If any breach 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 them by this Court. 12. The observations made hereinabove are only for decision of the instant appeal (bail) and would not have any impact on the trial of the case in any manner. (ANIL KUMAR UPMAN),J GAUTAM JAIN /7