Citation : 2026 Latest Caselaw 1547 Raj
Judgement Date : 3 February, 2026
[2026:RJ-JD:6044]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal (Sb) No. 59/2026
Ratan Nath S/o Chunni Lal, Aged About 39 Years, R/o Natho Ka
Dera, Sadul Colony, District Bikaner (Raj) (At Present Lodged In
Central Jail Bikaner)
----Appellant
Versus
1. State Of Rajasthan, Through Public Prosecutor
2. Subhash Legha S/o Bhanwar Lal, R/o Khaturiya Colony,
Bikaner, District Bikaner (Raj)
----Respondents
For Appellant(s) : Mr. Vijay Kumar
Mr. Varun Arora, through VC
For Respondent(s) : Mr. Hanuman Prajapati, PP
HON'BLE MR. JUSTICE SUNIL BENIWAL
Order
03/02/2026
1. The jurisdiction of this Court has been invoked by way of
filing an appeal under Section 14-A(2) of SC/ST (Prevention
of Atrocities) Act at the instance of accused-appellant. The
requisite details of the matter are tabulated herein below:
S.No. Particulars of the Case
2. Concerned Police Station Jai Narayan Vyas Colony
3. District Bikaner
4. Offences alleged in the FIR 147, 148, 149, 323, 427,
452, 307 of IPC
5. Offences added, if any 325, 382 of IPC and 3(1)(r)
(s) and 3(2)(va) of SC/ST
Act.
6. Date of passing of impugned 23.12.2025
order
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2. It is contended on behalf of the accused-appellant that no
case for the alleged offences is made out against him and his
incarceration is not warranted. There are no factors at play
in the case at hand that may work against grant of bail to
the accused-appellant and he has been made an accused
based on conjectures and surmises.
3. Learned counsel for the appellant submits that appellant was
arrested on 20.12.2025 in connection with FIR which was
lodged on 05.05.2022. The co-accused Kailash and Anil
Khichad specifically named in the FIR have already been
enlarged on bail. Apart from that Tanveer Khan and Sahil
Khan who were not named in the FIR have also been
enlarged on bail by Coordinate Bench of this Court. The role
assigned to Tanveer and Sahil Khan in particular is not
distinguishable from the role assigned to the present
appellant in the present crime. Based on these submissions,
it is argued that the appellant, who is presently in judicial
custody, is entitled to be enlarged on bail as the trial will
take sufficiently long time to conclude.
4. Contrary to the submissions of learned counsel for the
appellant, learned Public Prosecutor opposes the appeal and
submits that the present case is not fit for enlargement of
accused on bail. However, he is not in a position to refute the
fact that role assigned to Tanveer and Sahil Khan who have
already been enlarged on bail by a Coordinate Bench of this
Court in SB Criminal Appeal No. 1901/2022 and 2764/2025
vide order dated 24.01.2023 and 07.01.2026 respectively, in
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particular is distinguishable from the role assigned to the
appellant in the present crime.
5. Heard learned counsel for the appellant and learned Public
Prosecutor and perused the material available on record.
6. Considering the submissions made by learned counsel for
both the parties and the facts and circumstances of the case,
and the challan papers and the fact that role assigned to
Tanveer and Sahil Khan who have already been enlarged on
bail by Coordinate Bench of this Court is not distinguishable
from the role assigned to the present appellant in the
present crime, this Court is of the considered view that no
fruitful purpose would be served by keeping the appellant
behind bars for an indefinite period. Thus, without
expressing any opinion on merits/demerits of the case, this
Court is of the opinion that the appeal filed by the appellant
deserves to be allowed.
7. Consequently, the instant appeal is allowed. The impugned
order dated 23.12.2025 passed by the learned Special Judge
SC/ST (Prevention of Atrocities) Cases Act and Additional
Sessions Judge, Bikaner is set aside. It is ordered that the
accused-appellant- Ratan Nath S/o Chunni Lal arrested in
connection with aforesaid FIR, shall be released on bail,
provided he furnishes a personal bond of Rs.50,000/- and
two sureties of Rs. 25,000/- 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.
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8. It is however, made clear that findings
recorded/observations made above are for limited purposes
of adjudication of bail application. The trial court shall not
get prejudiced by the same.
(SUNIL BENIWAL),J 6-Jatin/-
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