[2026:RJ-JP:958] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Appeal (Sb) No. 3245/2025 Rohan Gupta, S/o Dilip Kumar Gupta, Aged 21 Years, Resident Of Anant Vihar Colony Bhawani Mandi, Police Station Bhawani Mandi, District Jahlawar (Raj.) (Presently Confined In District Jail, Jhalawar) ----Appellant Versus 1. State Of Rajasthan, Through PP 2. Kamlesh Kumar S/o Mangilal, Aged About 38 Years, Resident Of Bheemnagar, Bhawani Mandi, District Jhalawar (Raj.) ----Respondents For Appellant(s) : Mr. Anubodh Subodh Jain For Respondent(s) : Mr. Rhishi Raj Singh Rathore, PP HON'BLE MR. JUSTICE PRAVEER BHATNAGAR Order 09/01/2026 1. The instant appeal has been filed under Section 14A SC/ST (Prevention of Atrocities) Act, 1989 on behalf of the appellant, who is in custody in connection with F.I.R. No. 429/2025 dated 01.11.2025, registered at Police Station Bhawani Mandi, District Jhalawar for the offences under Sections 115(2), 126(2), 352and 110 of BNS and Sections 3(1)(r), 3(1)(s) and 3(2)(va) of SC/ST (Prevention of Atrocities) Act against the order dated 02.12.2025 passed by the learned Special Judge, SC/ST (Prevention of Atrocity) Cases, Jhalawar whereby, the bail application preferred under Section 483 BNSS on behalf of the appellant was rejected. [2026:RJ-JP:958] (2 of 3) [CRLAS-3245/2025] 2. Learned counsel for the appellant submits that the appellant has falsely been implicated in this case. Counsel for the accused- appellant further submits that the offence under Section 110 of BNS is not made out against the appellant. The charge-sheet has already been submitted before the concerned court. The injuries sustained to injured are simple grievous in nature and neither at vital part nor dangerous to life. It is further submitted that accused-appellant is in custody since long and trial of the case may take considerable time. Apart from the one case there are no criminal antecedents against the petitioner, therefore, the appeal of the accused-appellant may be allowed. 3. Per contra, learned Public Prosecutor vehemently opposes the arguments advanced on behalf of the appellant and contended that appellant caused injuries to injured Kamlesh with a pipe at his chest and other body parts and also abused him in public therefore, the appeal of the accused-appellant deserves to be dismissed. Learned Public Prosecutor has submitted the intimation report served upon the respondent No. 2 but no one has turned- up on behalf of respondent No. 2. 4. Heard and perused the material available on the record. 5. Considering the arguments advanced by learned counsel for the appellant and after going through the injury report of the injured Kamlesh, without commenting anything on the merits of the case, I deem it just and proper to allow the appeal. 6. Consequently, the instant appeal is allowed. The impugned order dated 02.12.2025 passed by the learned Special Judge, [2026:RJ-JP:958] (3 of 3) [CRLAS-3245/2025] SC/ST (Prevention of Atrocity Cases), Jhalawar is quashed and set aside. It is ordered that the accused-appellant Rohan Gupta, S/o Dilip Kumar Gupta, who is in custody in connection with F.I.R. No. 429/2025 dated 01.11.2025, registered at Police Station Bhawani Mandi, District Jhalawar shall be released on bail; provided he furnishes a personal bond in the sum of Rs.50,000/- and two surety bonds 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. (PRAVEER BHATNAGAR),J ashu /319