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2026 DAILYLAW 4860 (RAJ)

KAPIL MEGHWAL S/O GANGARAM v. STATE OF RAJASTHAN

CRLAS/269/2026 · 2026-02-19

Ganesh Ram Meena

Criminal Appealbody2026

Judgment text

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[2026:RJ-JP:7867] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Appeal (Sb) No. 269/2026 Kapil Meghwal S/o Gangaram, Aged About 19 Years, Resident Of Atru Road, Near Ganesh Ji Ke Mandir Baran, Police Station - Kotwali Baran, District Baran (Raj.). (Accused Is Confined At District Jail Baran.) ----Appellant Versus 1. State of Rajasthan, through PP 2. Shri Rahul Gurjar S/o Shri Chaturbhuj, Gurjar Shivaji Colony Baran Kotwali Baran Raj. ----Respondents For Appellant(s) : Mr. Bhim Singh Meena For Respondent(s) : Mr. A.K. Gupta, PP Mr. Laxman Meena, for complainant HON'BLE MR. JUSTICE GANESH RAM MEENA Order 19/02/2026 1. This criminal appeal has been filed under Section 14(A) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter to be referred as 'the SC/ST Act’) on behalf of the appellant being aggrieved with the order dated 07.01.2026 passed by the Court of learned Special Judge S.C./S.T. (Prevention of Atrocities) Cases, Baran, District Baran (Raj.) (hereinafter to be referred as ‘ the Trial Court’) in Criminal Misc. Case No.14/2026, whereby the Trial Court has dismissed the bail application filed on behalf of the appellant in connection with FIR No.485/2025 registered with Police Station Kotwali Baran, District Baran for the offences punishable under Sections 126(2), [2026:RJ-JP:7867] (2 of 3) [CRLAS-269/2026] 115(2), 109(1), 118(1) and 3(5) of B.N.S., 2023 and Section 3(1) (r)(s), 3(2)(v) of the SC/ST Act, 1989. 2. Learned counsel for the accused-appellant submits that the FIR has been lodged by the injured and the name of the accused appellant does not find mention in the FIR, which clearly speaks that the accused appellant has been implicated as an accused by the prosecution at later stage with false evidence. He also submits that all the injuries said to have been sustained by the complainant party have been found to be simple in nature. He further submits that the accused-appellant is in custody since 05.01.2026 and co-accused persons namely Sumit Bheel and Ankush Balmiki against whom there are allegations of inflicting injuries, have already been enlarged on bail. 3. Learned Public Prosecutor assisted by the learned counsel for the complainant opposed the appeal. 4. Per-contra, learned counsel for the complainant submits that the allegations against the accused-appellant along with two other accused-persons are of inflicting injuries to Rahul and Kuldeep by using knife. 5. Considered the submissions made by the learned counsel for the accused-appellant as well as the learned Public Prosecutor assisted by the learned counsel for the complainant and so also perused the case diary. 6. On perusal of the case diary, it is revealed that as per the Medico Legal Report, the complainant sustained total five injuries [2026:RJ-JP:7867] (3 of 3) [CRLAS-269/2026] and all the injuries are by sharp weapon, but the same are opined to be simple in nature. 7. Taking into consideration the nature of injuries sustained by the injured complainant party and the fact that the accused- appellant is in custody since 05.01.2026, this Court feels that the accused-appellant deserves to be released on bail. 8. Accordingly, this criminal appeal filed under Section 14(A) of the SC/ST Act is allowed and order dated 07.01.2026 passed by the Court of Special Judge S.C./S.T. (Prevention of Atrocities) Cases, Baran, District Baran (Raj.) is set aside. It is directed that accused-appellant shall be released on bail in connection with FIR No.485/2025 registered at Police Station Kotwali Baran, District Baran, provided that he executes a personal bond in a sum of Rs.1,00,000/-/- with two sound and solvent sureties of Rs.50,000/- 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. (GANESH RAM MEENA),J Gaurav Srivastava /3