Manish Bijaraniya vs State Of Rajasthan on 16 July, 2026

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    Rajasthan High Court – Jodhpur

    Manish Bijaraniya vs State Of Rajasthan on 16 July, 2026

    [2026:RJ-JP:31926]
    
            HIGH COURT OF JUDICATURE FOR RAJASTHAN
                           AT JODHPUR
    
                    S.B. Criminal Appeal (Sb) No. 1112/2026
                            CNR: RJHC010569772026
                           URN: CRLAS / 2539U / 2026
    
    1.         Manish Bijaraniya S/o Lekhram Jat, Aged About 23 Years,
               Resident Of Village Sadhasar, Police Station Jasrasar,
               District Bikaner (Rajasthan.) (Presently Lodged In District
               Jail, Bikaner)
    2.         Ramratan S/o Kanaram Siyag, Aged About 24 Years,
               Resident Of Village Bidasariya, Police Station Jasrasar,
               District Bikaner (Presently Lodged In District Jail, Bikaner)
                                                                          ----Appellants
                                          Versus
    1.         State Of Rajasthan, Through Public Prosecutor
    2.         Rameshwarlal      S/o     Tikuram,        Resident      Of   Gali   No.6,
               Ambedkar Colony, Jai Narayan Vyas Colony, Bikaner,
               Rajasthan
                                                                       ----Respondents
    
    
    For Appellant(s)            :     Mr. Jogendar Singh
    For Respondent(s)           :     Mr. Urja Ram Kalbi, PP
                                      Mr. Ravindra Singh Bhati, AGA
    
    
    
                   HON'BLE MR. JUSTICE SUNIL BENIWAL

    Order

    16/07/2026

    SPONSORED

    1. Learned Public Prosecutor submits that notice issued to

    respondent No.2 has been served.

    2. Service report dated 12.07.2026 is taken on record.

    3. 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, 1989, at the instance of accused-

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    appellants. The requisite details of the matter are tabulated

    herein below:

    S.No.                                  Particulars of the Case
         1.      FIR Number                                       168/2023
         2.      Concerned Police Station                         Jai Narayan Vyas Colony
         3.      District                                         Bikaner
         4.      Offences alleged in the FIR                      Sections 452, 323, 341, 504
                                                                  and 143 IPC, 1860
         5.      Offences added, if any                           Sections 325, 307 and 34 of
                                                                  IPC and Sections 3(1)(r),
                                                                  3(1)(s) and 3(2)(va) of SC/
                                                                  ST Act
         6.      Date of      passing       of    impugned 05.06.2026
                 order
    
    
    
    

    4. Learned counsel for the appellants submits that no case for

    the alleged offences is made out against them and their

    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-appellants and they have been made accused

    based on conjectures and surmises.

    4.1 He further submits that there were three injured persons in

    the present case, namely, Rameshwar, Ramkishan and

    Basant. Out of these three injured persons, Ramkishan (PW-

    3) sustained two injuries out of which one was reported to

    be dangerous to life and he deposed that the said injury was

    caused by co-accused Fusaram. He submits that

    Rameshwarlal (PW-2) sustained one grievous injury,

    however, he has made omnibus allegations against all three

    accused persons and has not assigned any specific role to

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    the present appellants. Further, injured – Basant sustained

    simple injuries.

    4.2 Based on these submissions, it is argued that the appellants,

    who are in judicial custody since 30.05.2026, are entitled to

    be enlarged on bail as the trial will take sufficiently long time

    to conclude.

    5. Contrary to the submissions of learned counsel for the

    appellants, learned Public Prosecutor opposes the appeal and

    submits that in the present case, appellants were arrested at

    a later stage and as far as the statement of Ramkishan (PW-

    3) is concerned, it was recorded while considering the

    involvement of co-accused Fusaram as appellants were

    absconding at that point of time. Therefore, the present case

    is not fit for enlargement of accused – appellants on bail.

    6. Heard learned counsel for the appellants and learned Public

    Prosecutor and perused the material available on record.

    7. Considering the submissions made by learned counsel for

    both the parties; the facts and circumstances of the case;

    the challan papers so also the statements recorded; injured

    – Basant sustained simple injuries; Ramkishan (PW-3) has

    sustained injury which is stated to be dangerous to life,

    however, he has attributed the same to co-accused Fusaram;

    Rameshwarlal (PW-2) has sustained omnibus allegations,

    this Court is of the considered view that no fruitful purpose

    would be served by keeping the appellants behind bars for

    an indefinite period. Thus, without expressing any opinion on

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    merits/demerits of the case, this Court is of the opinion that

    the appeal filed by the appellants deserves to be allowed.

    8. Consequently, the instant appeal is allowed. The impugned

    order dated 05.06.2026 passed by the learned Special

    Judge, SC/ST (Prevention of Atrocities) Cases, Bikaner is set

    aside. It is ordered that the accused-appellants- Manish

    Bijaraniya S/o Lekhram Jat and Ramratan S/o

    Kanaram Siyag arrested in connection with aforesaid FIR,

    shall be released on bail, provided they furnish a personal

    bond of Rs.50,000/- each 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.

    9. 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

    47/Amar Purohit/701

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