[2026:RJ-JP:9542] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Appeal (Sb) No. 248/2026 Pawan Gurjar S/o Narayan Gurjar, Aged About 32 Years, R/o Near Gujaran Hathai, Teja Chowk Beawar, P.s Beawar City, Dist. Ajmer (At Present Confined In District Jail Ajmer) ----Appellant Versus 1. State Of Rajasthan, Through P.p. 2. Vijay S/o Harish, R/o Kamal Ji Tal Vale Ka Makan, Sedriya, Beawar, Ajmer. ----Respondents For Appellant(s) : Mr. Amit Dhadhich For Respondent(s) : Mr. Rajendra Singh Shekhawat, PP Mr. Aayush Agarwal HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 05/03/2026 1. Instant appeal No. 248/2023 is preferred on behalf of appellant accused Pawan Gurjar S/o Narayan Gurjar aggrieved from order dated 03.05.2023 under Section 439 Cr.P.C. passed by learned Special Judge (SC/ST (POA) Cases) Ajmer in the matter arising out of FIR No. 208/2023 registered at P.S. Beawar, Ajmer. 2. Learned counsel for appellant submitted that appellant was falsely implicated in present case. He further submits that this Hon'ble Court has allowed bail appeal of Dwarkadhish. He further submitted that Sunil having parity with appellant was also granted bail by this Hon'ble Court. He further submitted that statement recorded so far and submitted that [2026:RJ-JP:9542] (2 of 5) [CRLAS-248/2026] neither PW1 Vijay nor PW2 Rohit have supported the case of prosecution to establish charge against the appellant. He also referred statement of PW3 and PW5 and submitted that both have turned hostile and not supported the case of prosecution. He also referred statement on record and submitted that there is no evidence in the case and without evidence appellant is in custody. At last, he submitted that appellant is in custody since 12.03.2023 and still trial has not been concluded. 3. Aforesaid contentions were opposed by Learned Public Prosecutor and he submitted custody certificate. Learned counsel for complainant has supported the case of appellant and submitted that he has no objection in case bail appeal is allowed. 4. Heard learned counsel for the parties and learned Public Prosecutor. Perused the material placed on record. 5. On the basis of FIR No. 208/2023 registered at PS Beawar City under section 302, 34 IPC and 3(2)(v) of SC/ST POA Act, the matter was investigated by police and further police has filed a charge sheet against several persons. Appellant is in custody since 12.03.2023. The material on record indicate that this Court has already granted bail to accused Sunil Bhatt, Devashish and Dwarkadhish. Two other accused Rajesh and Kamal were granted bail by the trial court. The trial court has dismissed the bail application of appellant on 19.01.2026 wherein it has been mentioned that evidence recorded so far along with order passed in respect of other accused. We have considered statement of PW1 Vijay, PW2 [2026:RJ-JP:9542] (3 of 5) [CRLAS-248/2026] Rohit, also considered statement of PW3 Naresh and PW5 Vikas. While considering bail appeal of Devashish on 09.01.2026, we have observed as under: 7. On the basis of a written complaint lodged by PW-1 Vijay, brother of the deceased and an eyewitness, FIR No. 208/2023 was registered at Police Station Beawar, Rajasthan, for offences under Sections 302 and 34 IPC and Section 3(2)(v) of the SC/ST (Prevention of Atrocities) Act, 1989. After completion of investigation, a charge-sheet has been filed against several persons including the present appellant. 8. First appeal for bail was considered by this Court on 08.10.2024 and same was dismissed. Learned Counsel for the appellant has placed reliance upon the statements of certain prosecution witnesses recorded by the trial court, and this Court has considered the statements so referred. The appellant is in custody since his arrest on 12.03.2023. 9. A Coordinate Bench of this Court has granted bail to co-accused Sunil Kumar Bhatt on the ground that the complainant, who is the brother of the deceased, has not supported the case of the prosecution and has clearly stated in his cross-examination that the appellant was not involved in the commission of the crime. In examination-in- chief, PW-1 has named Pawan Gujar as the main accused. In cross-examination, PW-1 has admitted that Sunil Bhatt, Veer Pawan, Kamal Babu, Dwarkadheesh, Deva and Devasheesh were not involved in the incident [2026:RJ-JP:9542] (4 of 5) [CRLAS-248/2026] and that their names were mentioned only under pressure of the police. 10. PW-2 Rohit, (injured and eye-witness) was also examined by the prosecution and his statement has been considered, including his cross-examination. PW-3 Naresh and PW-5 Vikas have turned hostile. 6. The material forwarded by police indicate that appellant is main accused who assaulted with stone and police has recovered the stone. We have considered cross-examination of PW1 Vijay recorded on 16.12.2024, also considered statement of PW2 in particular cross-examination. PW3 Naresh, PW5 Vikas who turned hostile and not supported the case of prosecution. PW4 is Dr. Alok Srivastava, who conducted post-mortem and also considered his evidence. 7. At this stage, it is not possible to express any opinion on merits of the case, but having taken note of the evidence recorded so far, including PW1, PW2, PW3, PW5 the court has granted bail to some of the accused, and case of present appellant required to be considered accordingly. 8. Therefore, without expressing any opinion on merits, I am of considered view that it is a fit case wherein appellant can be enlarged on bail. The appeal under Section 14-A SC/ST (PoA) Act is allowed and impugned order dated 19.01.2026 is hereby quashed and set aside and the appellant accused Pawan Gurjar S/o Narayan Gurjar is released on bail till disposal of criminal case arising out of above mentioned FIR with the condition that he would executes a personal bond in the sum of ₹50,000/-with two sureties of ₹25,000/- each to [2026:RJ-JP:9542] (5 of 5) [CRLAS-248/2026] the satisfaction of the learned trial Judge for his appearance in trial court on date fixed by trial court and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:- (i). After release of appellant accused on bail, he will not indulge in any criminal activity and if it is found that he is involved in any criminal activity, the order shall be recalled. (ii). That he will appear before the trial Court on each and every date of hearing till the disposal of criminal case. (iii). That if the appellant changes the place of residence, he will give in writing his changed address to the trial Court. (iv). Similarly, if the sureties change their address(s),they will give in writing their changed address to the trial Court. (v). The appellant shall not influence prosecution witnesses in any manner. 9. Misc. Applications, if any, stands disposed of. 10. A copy of this order be sent through E-mail to the trial court. (ASHOK KUMAR JAIN),J PREETI VALECHA /36