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Rajasthan High Court - Jodhpur
Kailash Singh vs State Of Rajasthan (2026:Rj-Jd:7384) on 10 February, 2026
[2026:RJ-JD:7384]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal (Sb) No. 2728/2025
Kailash Singh S/o Shri Devi Singh, Aged About 24 Years, R/o
Bichla Badiya Kalab Khurd Police Station Raipur District Beawar,
Rajasthan (At Present Lodged In Dist. Jail Pali)
----Appellant
Versus
1. State Of Rajasthan, Through Pp
2. Vishnu Meena S/o Shri Moti Lal, R/o Hal Vanrakshak
Bagdi Kalaliya Sendra , Dist Beawar
----Respondents
For Appellant(s) : Mr. Pankaj Choudhary
For Respondent(s) : Mr. Hanuman Prajapati, PP
HON'BLE MR. JUSTICE SUNIL BENIWAL
Order
10/02/2026
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 Raipur
3. District Beawar
4. Offences alleged in the FIR 103(1), 115(2), 121(1), 132
of BNS and 3(2)(v) of SC/ST
Act.
5. Offences added, if any 117(2) of BNS.
6. Date of passing of impugned 12.08.2025
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. It is argued that the allegation as levelled in the FIR is that
petitioner intentionally murdered the deceased-Kishore who
was posted as Ranger in the Forest Department on the date
of said incident. The sole eye-witness of the said incident is
one Vishnu who was accompanying the deceased-Kishore at
the time when incident took place. While referring to the
examination-in-chief and the cross-examination of Vishnu
(PW-2), learned counsel for the appellant highlighted that as
a matter of fact when the deceased-Kishore along with
Vishnu attempted to overtake the tractor which was driven
by the present petitioner, the alleged incident happened,
however, petitioner had no intention to inflict injury or to
murder the deceased-Kishore. Further, even after inspecting
the site, the Incharge of Mobile Forensic Unit, FSL has
concluded that when deceased-Kishore along with Vishnu
attempted to overtake the tractor, the alleged incident
occurred on account of motorcycle colliding with tyre of the
tractor. Also, that out of 16 witnesses, as on today, only four
witnesses have been examined. Based on these submissions,
it is argued that the accused-appellant, who is presently in
judicial custody since 26.02.2025, is entitled to be enlarged
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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 appellant purposefully attempted to
obstruct the way of deceased and forced him to overtake the
tractor, on account of which the alleged incident happened,
therefore, the present case is not fit for enlargement of
accused on bail.
5. Considering the submissions made by learned counsel for
both the parties and the facts and circumstances of the case,
and challan papers and the fact that prima facie no motive of
petitioner is found to murder the deceased-Kishore and
further statement of eye-witness Vishnu (PW-2), indicates
that the incident happened when deceased-Kishore along
with Vishnu attempted to overtake tractor. 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.
6. Consequently, the instant appeal is allowed. The impugned
order dated 12.08.2025 passed by the learned Special Judge
SC/ST Cases, Pali is set aside. It is ordered that the accused-
appellant- Kailash Singh S/o Devi Singh arrested in
connection with aforesaid FIR, shall be released on bail,
provided he furnishes a personal bond of Rs.50,000/- and
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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.
7. 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
38-Jatin/-
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