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Rajasthan High Court · body

2019 DIGILAW 1091 (RAJ)

Suresh Kumar v. State, Through PP

2019-04-10

VIJAY BISHNOI

body2019
JUDGMENT 1. This criminal appeal under Section 14-A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter to be referred as the SC/ST Act) has been filed on behalf of the appellant being aggrieved with the order dated 25.01.2019 passed by the Special Judge, SC/ST (Prevention of Atrocities) Cases, Sri Ganganagar (hereinafter to be referred as trial court) in Criminal Misc. Case No. 35/2019 whereby, the trial court has dismissed the bail application filed on behalf of the appellant. 2. The appellant has been arrested in FIR No. 94/2015 of Police Station Nai Mandi Gharsana, Distt. Sri Ganganagar for the offences punishable under Sections 302, 449, 323, 147, 148, 149 of IPC and under Section 3(2) (5) of SC/ST Act and Section 27 Arms Act. 3. Learned counsel for the appellant has submitted that the complainant has alleged that appellant along with three to four persons had forcibly entered in his house on 01.03.2015 and assaulted him and when his wife tried to rescue him, appellant fired a gunshot, as a result of which, she died. It is further submitted that after filing of the charge-sheet and framing of charge against the appellant, statement of complainant Gurdeep Singh @ Deepu has been recorded before the trial court as PW-3. It is submitted that the complainant in his statement as stated that three to four persons had forcibly entered into his house on 1.3.2015 and assaulted him and they had also fired a gun shot, due to which, his wife died. It is further submitted that the complainant has also stated that as it was night, he was unable to identify that who attacked his house and fired gunshot, which resulted into death of his wife. It is submitted that the prosecution has declared complainant Gurdeep Singh (PW-3) as hostile and learned Public Prosecutor has cross examined him and from the said cross examination, it is clear that the complainant has not named the appellant. 4. In view of the fact, the complainant himself has turned hostile and not supported the prosecution story, it would be very difficult for the prosecution to prove guilt of the appellant and, therefore, it is prayed that the appellant may be released on bail. 5. 4. In view of the fact, the complainant himself has turned hostile and not supported the prosecution story, it would be very difficult for the prosecution to prove guilt of the appellant and, therefore, it is prayed that the appellant may be released on bail. 5. Per contra, learned Public Prosecutor has shown his inability in arguing in the matter due to non availability of the file in the office of the government advocate. 6. Be that as it may, I have gone through the charge-sheet as well as certified copy of statement of complainant Gurdeep @ Deepu (PW-3). 7. Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, I deem it just and proper to allow the appeal filed by the appellant under Section 14-A(2) of SC/ST Act. 8. Accordingly, this criminal appeal filed under Section 14-A(2) of SC/ST Act is allowed and the order dated 25.01.2019 passed by the trial court in Criminal Misc. Case No. 35/2019 is set aside. It is directed that appellant Suresh Kumar S/o Shri Dhramraj shall be released on bail in connection with FIR No. 94/2015 of Police Station Nai Mandi Gharsana, Distt. Sri Ganganagar provided he executes a personal bond in the sum of Rs. 50,000/- with two sound and solvent sureties of Rs. 25,000/- each to the satisfaction of learned trial court for his appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.