Citation : 2026 Latest Caselaw 2115 Raj
Judgement Date : 10 February, 2026
[2026:RJ-JD:6958]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal (Sb) No. 240/2026
Mangi Lal S/o Het Ram, Aged About 35 Years, Resident Of Ribiya
Police Station Bhlaeri District Churu. (At Present Lodged In
District Jail, Churu)
----Appellant
Versus
1. State Of Rajasthan, Pp
2. Manohar Lal S/o Phula Ram, Resident Of Village Ribiya
P.s. Bhaleri District Churu.
----Respondents
For Appellant(s) : Mr. Vikas Bijarnia
For Respondent(s) : Mr. Hanuman Singh, PP
Mr. Rajak Khan
Mr. Pankaj Sain
HON'BLE MR. JUSTICE SUNIL BENIWAL
Order Concluded and Reserved on : 05/02/2026 Pronounced on : 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 Bhaleri
3. District Churu
4. Offences alleged in the FIR 103, 110, 115(2), 117(2),
126(2) and 191(3) of BNS and
Section 3(2)(v) of the SC/ST
Act.
5. Offences added, if any
6. Date of passing of impugned 17.10.2025
order
7. Name of the Court who passed Learned Special Judge, SC/ST
impugned order (Prevention of Atrocities) Act
Cases, Churu
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[2026:RJ-JD:6958] (2 of 3) [CRLAS-240/2026]
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 though lathi has been alleged to be
recovered at the instance of the appellant, however, recovery
of lathi itself could not be a ground sufficient in itself to
connect him with the alleged crime.
3.1 Learned counsel for the accused-appellant submitted that in
the statements of the injured witnesses, recorded under
Section 180 BNSS, it is nowhere revealed that as to which
injury was inflicted by the accused-appellant. It has only
been submitted that the accused-appellant along with
Balveer and Dharmaram inflicted injuries on the deceased
Rohitash, who succumbed to the same and died.
3.3 Learned counsel submitted that the accused-appellant is in
judicial custody since 27.06.2025 and the trial will take
sufficiently long time, therefore, he deserves to be enlarged
on bail.
4. Per contra, learned Public Prosecutor as well as the learned
counsel for the complainant, while opposing the bail
application, submitted that the accused-appellant is in
custody on account of committing heinous crime under
Section 103(1) of BNS. It is also submitted that the
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[2026:RJ-JD:6958] (3 of 3) [CRLAS-240/2026]
deceased Rohitash along with others including the
complainant Manoharlal were brutally attacked in a form of a
mob and, therefore, the role of the accused-appellant is not
different from the other persons, namely, Balveer, Dharma
Ram and Mangilal, therefore, the accused-appellant does not
deserve to be enlarged on bail.
5. Heard learned counsel for the appellant and learned Public
Prosecutor and perused the material available on record.
6. Having considered the rival submissions, facts and
circumstances of this case and after perusing the charge-
sheet, so also considering the statements of injured
witnesses recorded under Section 180 of BNSS, this Court
takes note of the facts that all the injured witnesses have
specifically named the accused-appellant in inflicting injuries
to the deceased so also the injured witnesses. So far as the
submission with regard to the fact that as to which injury
was caused by whom is concerned, the same will be
considered by the trial court after leading of evidence.
7. In view of the above, this Court does not deem it
appropriate to grant indulgence of bail. The appeal,
therefore, deserves to be dismissed and is hereby dismissed.
(SUNIL BENIWAL),J skm/-
(Uploaded on 10/02/2026 at 01:58:30 PM)
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