[2026:RJ-JP:17051] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Appeal (Sb) No. 476/2026 Dhanraj Kahar S/o Amarchand, Aged About 19 Years, R/o Kaharo Ka Choraha, Samala Ki Dhani, Ganaheda, P.s. Pushkar, District Ajmer (At Present Confined In Central Jail Ajmer) ----Appellant Versus 1. State Of Rajasthan, Through Public Prosecutor 2. Shri Tarachand S/o Shri Mangaram, R/o Nursing Basni, Thanwala, District Nagaur ----Respondents For Appellant(s) : Mr. Devanshu Sharma For Respondent(s) : Mr. Jaiprakash Tiwari, PP HON'BLE MR. JUSTICE PRAMIL KUMAR MATHUR Judgment 22/04/2026 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 01.12.2025 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. 328/2025 registered at Police Station Pushkar, District Ajmer for the offence under Sections 103(1) and 3(5) of BNS, 2023 whereby the trial court has dismissed the bail application filed on behalf of the appellant. 2. Heard the learned counsel for the appellant and learned Public Prosecutor and perused the material on record. [2026:RJ-JP:17051] (2 of 3) [CRLAS-476/2026] 3. Despite service, no one has appeared on behalf of the complainant. 4. Learned counsel for the appellant submits that the appellant has falsely been implicated in this case. He further submits that at the time of the alleged offence, the appellant was 19 years of age and no specific role has been attributed to him. The appellant has been implicated only on the basis of disclosure statement of the co-accused. Though, as per the prosecution story, the presence of the appellant at the spot is alleged but on perusal of the material available on record, no specific role or act in the murder of the deceased has been attributed to the appellant. It is further submitted that as per the prosecution also, the role of the appellant is limited to standing outside and making vigilance. Learned counsel urged that it was the co-accused, Kunal and others, who entered the house of the deceased and committed the offence. The appellant is in custody since 30.10.2025. The charge-sheet has already been filed. The trial of the case is likely to take considerable time. Therefore, it is prayed that the appeal preferred by the present appellant may kindly be allowed. 5. Learned Public Prosecutor vehemently opposed the contention raised by learned counsel for the appellant. 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. [2026:RJ-JP:17051] (3 of 3) [CRLAS-476/2026] 7. Accordingly, this criminal appeal filed under Section 14-A(2) of SC/ST Act is allowed and impugned order passed by the learned trial court is set aside. It is directed that appellant Dhanraj Kahar S/o Amarchand, shall be released on bail provided he executes 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 his 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 BRIJ MOHAN GANDHI /77/81