[2026:RJ-JP:23165] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Appeal (S.B.) No. 923/2026 Mohansingh Alias Morya, Son Of Khemchand, Aged About 33 Years, Resident Of Lalpuri, P.s. Udyog Nagar, Alwar. (Currently In Judicial Custody At District Jail, Alwar) ----Appellant Versus 1. State Of Rajasthan, Through P.p. 2. Shri Rajkumar Son Of Shri Jalsingh, Aged About 28 Years, R/o Dhadholi, Police Station Udyog Nagar, Alwar Rajasthan. ----Respondents For Appellant(s) : Mr. Akshay Sharma For Respondent(s) : Mr. Vivek Sharma Addl. G.A. HON'BLE MR. JUSTICE BIPIN GUPTA (V. J.) Judgment / Order 12/06/2026 1. The instant appeal has been preferred by the appellant, under Section 14A of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (hereinafter referred to as the 'SC/ST Act of 1989') against the order dated 24.04.2026 passed by the learned Special Judge, Scheduled Caste and Scheduled Tribe Case (Prevention of Atrocities) Alwar, District Alwar, in Bail Application No. 85/2026, whereby the bail application of the petitioner was rejected in connection with F.I.R. No.61/2026, Police Station Udyog Nagar (MIA), District Alwar for the offences under Sections 115(2), 126(2), 118(1), 351(2), 351(3) and 3(5) of BNS, 2023 and Sections 3(1)(r)(s) and 3(2)(va) of the SC/ST Act of 1989. [2026:RJ-JP:23165] (2 of 3) [CRLAS-923/2026] 2. Learned counsel for the appellant submits that the injuries are simple in nature and there is no opinion of the Doctor on the fact that the injuries are dangerous. Learned counsel for the appellant submits that out of three cases, the appellant has been acquitted in two cases. Further, the appellant has been falsely implicated in the present case. Learned counsel for the appellant submits that all the offences alleged against the appellant are triable by Magistrate, except the offence under the SC/ST Act of 1989. He further submits that the appellant is in custody since 13.04.2026. The appellant ought not to be deprived of his right to be enlarged on bail, particularly when all the remaining offences are triable by Magistrate. 3. Per contra, learned counsel for the State submits that three cases are pending against the appellant and therefore, the present criminal appeal be rejected. 4. Heard and perused the material available on record. 5. Considering that all the offences, except the offence under the SC/ST Act of 1989, triable by Magistrate, and further considering that the maximum punishment prescribed even for the offence under the SC/ST Act of 1989, is five years, as well as the fact that the appellant has been in custody since 13.04.2026 and no similar offence has been committed by the appellant at earlier point of time, this Court, without commenting on the merits of the case, deems it appropriate to allow the appeal and release the appellant on bail. 8. Consequently, the instant appeal is allowed. The impugned order dated 24.04.2026 passed by the learned Special Judge, [2026:RJ-JP:23165] (3 of 3) [CRLAS-923/2026] Scheduled Caste and Scheduled Tribe Case (Prevention of Atrocities) Alwar, District Alwar, is set aside. It is ordered that the accused-appellant Mohansingh Alias Morya, Son Of Khemchand, who is in custody in connection with F.I.R. No.61/2026, Police Station Udyog Nagar, District Alwar, shall be released on bail; provided he furnishes a personal bond of Rs.1,00,000/ (Rupees: One Lakh Only) with two sureties of Rs.50,000/ (Rupees : Fifty Thousand Only) 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 till the completion of the trial and with additional following conditions: (i) The appellant shall not leave country without the permission of the Court; (ii) The appellant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected; and (iii) The appellant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence. (BIPIN GUPTA (V. J.)),J KRATIKA/185