Sanu Nama Son Ofs Hri Kailash Chand Vs State of Rajasthan

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

S.B. Criminal Appeal (Sb) No. 33/2026

Sanu Nama Son Of shri Kailash Chand, Aged About 31 Years, Resident Of Arampura Bus Stand Ke Pass, Police Station Kaithoon, District Kota Rural (Raj.) (At Present Confined In District Jail Kota)

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----Appellant

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Versus

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State Of Rajasthan, Through Public Prosecutor

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Vikas Saini S/o Rameshwar Saini, Aged About 23 Years, R/o Bhojpura Police Station Kaithoon, District Kota (Raj.)

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----Respondents

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For Appellant(s)	: Mr. Pawav	Kumar Verma
For Respondent(s)	: Mr. Rhishi	RajSingh Rathore,PP

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HON'BLE MR. JUSTICE PRAVEER BHATNAGAR

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Order

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09/01/2026

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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. 473/2025 dated 20.11.2025, registered at Police Station Kaithoon, District Kota Rural for the offences under Sections 115(2), 126(2), 109(1) and 3(5) of BNS and Sections 3(2)(v) and 3(2)(va) of SC/ST (Prevention of Atrocities) Act against the order dated 22.12.2025 passed by the learned Special Judge, SC/ST (Prevention of Atrocity) Cases, Kota whereby, the bail application preferred under Section 483 BNSS on behalf of the appellant was rejected.

(2 of 4)

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Learned counsel for the appellant submits that the appellant has falsely been implicated in the case. Counsel for the accusedappellant further submits that the specific act of causing injury with the aid of knife to the complainant at his chest is against the other co-accused Mahaveer. The incident took place suddenly without any premeditation. There was no criminal intention at the part of the appellant to cause any injury. The accused- appellant is in custody since 19.12.2025 and further trial of the case may take considerable time, therefore, the appeal of the accused-appellant may be allowed.

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Per contra, learned Public Prosecutor vehemently opposes the arguments advanced on behalf of the appellant and contended that appellant alongwith the other co-accused assaulted injured Vikas and caused injuries with common intention at his chest with the aid of knife, therefore, the appeal of the accused-appellant deserves to be dismissed. Learned Public Prosecutor has submitted the intimation report served upon the respondent No. 2 but no one has turnedup.

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Heard and perused the material available on the record.

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The specific attribution of causing chest injury with the aid of knife to the injured Vikas is attributed to co-accused Mahaveer and not to present appellant. The accused- appellant is in custody since long and trial of the case may take considerable time, without commenting anything on the merits of the case, I deem it just and proper to allow the appeal.

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(3 of 4)

Consequently, the instant appeal is allowed. The impugned order dated 22.12.2025 passed by the learned Special Judge, SC/ST (Prevention of Atrocity Cases), Kota is hereby quahsed and set aside. It is ordered that the accused-appellant Sanu Nama Son Of shri Kailash Chand, who is in custody in connection with F.I.R. No. 473/2025 dated 20.11.2025, registered at Police Station Kaithoon, District Kota 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 before that Court on all dates of hearing and as and when called upon to do so. The concerned trial Judge shall verify the address and contact details of the sureties through concerned SHO before releasing the accused- appellants on bail.

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The appellant is also directed to mark his presence on 25^th of every month till conclusion of trial before the concerned police station. The SHO of the concerned police station shall send the presence report of the accused appellant on the same day to the trial court every month. In case of any breach to the above condition, the learned Public Prosecutor shall be free to move the application against the appellant for cancellation of the bail before the concerned Court.

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The accused- appellant is also directed to submit his present address along with the mobile number to the concerned SHO within seven days of release and the concerned SHO shall verify the said address and the mobile number. In case if the appellant changes his address or mobile number, he shall submit the same

(4 of 4)

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before the concerned SHO so also before the concerned learned

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trial court.

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