[2026:RJ-JP:21840] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Appeal (Sb) No. 792/2026 Rasheed Khan Son Of Rustam, Aged About 34 Years, Resident Of Ghegoli, Police Station Udhyog Nagar Alwar, (Raj.) (At Present Confined In Central Jail, Alwar) ----Appellant Versus 1. State Of Rajasthan, Through Pp 2. Sumit Kumar Son Of Kishan Lal, Aged About 32 Years, Resident Of Choroti Pahad, Police Station Udhyog Nagar Alwar, District Alwar, (Raj.) ----Respondents For Appellant(s) : Mr. Aslam S. Khan For Respondent(s) : Mr. Vivek Chaudhary, PP HON'BLE MR. JUSTICE PRAVEER BHATNAGAR Order 22/05/2026 1. The instant appeal has been filed under Section 14A(2) SC/ST (Prevention of Atrocities) Act, 1989 on behalf of the appellant, who is in custody in connection with F.I.R. No. 98/2026, registered at Police Station Udhyog Nagar (MIA), District Alwar for the offences under Sections 109(1) and 308(5) of BNS and Section 3/25 of Arms Act against the order dated 30.03.2026 passed by the learned Special Judge, SC/ST (Prevention of Atrocity) Cases, Alwar whereby, the bail application preferred under Section 483 BNSS on behalf of the appellant was rejected. 2. Learned counsel for the appellant submits that the appellant has falsely been implicated in the case. Counsel for the accused- appellant further submits that name of the appellant is not [2026:RJ-JP:21840] (2 of 3) [CRLAS-792/2026] mentioned in the FIR and no identification parade was conducted. The allegation of using fire-arm is against other co-accused namely Raman. It is further submitted that accused-appellant is in custody since 05.03.2026 and trial of the case may take considerable time, therefore, the appeal of accused-appellant may be allowed. 3. Per contra, learned Public Prosecutor vehemently opposes the arguments advanced on behalf of the appellant. 4. No one appeared on behalf of the complainant after due service of notice. 5. Heard and perused the material available on the record. 6. Considering the fact that the allegation of using fire arm is against other co-accused Raman and not on the present petitioner and the charge-sheet has already been submitted before the concerned trial court. The accused-appellant is in custody since 05.03.2026 and trial of the case may take considerable time, therefore without commenting anything on the merits of the case, I deem it just and proper to allow the appeal. 7. Consequently, the instant appeal is allowed. The impugned order dated 30.03.2026 passed by the learned Special Judge, SC/ST (Prevention of Atrocity Cases), Alwar is set aside. It is ordered that the accused-appellant Rasheed Khan Son Of Rustam, who is in custody in connection with F.I.R. No 98/2026, registered at Police Station Udhyog Nagar (MIA), District Alwar 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 [2026:RJ-JP:21840] (3 of 3) [CRLAS-792/2026] before that Court on all dates of hearing and as and when called upon to do so. (PRAVEER BHATNAGAR),J 119/ashu/416