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2019 DIGILAW 1164 (RAJ)

Jyoti Rajput v. State of Rajasthan

2019-04-16

VIJAY BISHNOI

body2019
JUDGMENT 1. This criminal appeal under Section 14A(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 26.03.2019 passed by the Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Case), Sri Ganganagar (hereinafter to be referred as trial court) in Criminal Misc. Case No. 68/2019, whereby the trial court has dismissed the bail application filed on behalf of the appellant. 2. The appellant has been arrested in FIR No. 396/2018 of Police Station Nai Mandi Gharsana, District Sri Ganganagar for the offences punishable under Sections 304 and 201 IPC and Section 3(2)(v) of SC/ST Act. 3. Learned counsel for the appellant has submitted that the appellant has falsely been implicated in this case. It is argued that as a matter of fact on 21.12.2018, a complaint was lodged by the father of the deceased at Police Station Gharsana, District Sri Ganganagar alleging that some unknown persons have administered poisonous injection to his son and on account of that his son died. It is submitted that later on, on 25.12.2018, the brother of the deceased lodged a complaint and alleged that on the day of the incident some persons saw the appellant along with deceased and, therefore, investigation be conducted regarding role of the appellant. Learned counsel for the appellant has argued that the appellant has been made accused only on the basis of a doubt as no definite evidence regarding presence of appellant on the scene of crime has been collected by the police. Learned counsel for the appellant has also argued that the witnesses viz. Kan Singh and Tarsem Singh have not named the appellant and have simply said that they saw a girl about five feet height near the car of deceased on the day of incident, however, only one witness Shrawan Kumar gave statement of this effect that on 20.12.2018, he saw the appellant at 02:30 PM along with the deceased in an agriculture field of Lalaram Bawari but the said statement has been recorded after around 25 days of the incident. It is also submitted that the appellant is in judicial custody since long and charge-sheet has already been filed. 4. It is also submitted that the appellant is in judicial custody since long and charge-sheet has already been filed. 4. Learned Public Prosecutor as well as learned counsel for the complainant have opposed the prayer made on behalf of the appellant in this criminal appeal. 5. Heard learned counsel for the appellant as well as learned Public Prosecutor and also perused the material on record. 6. 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 accused appellant under Section 14-A(2) of SC/ST Act. 7. Accordingly, this criminal appeal filed under Section 14-A(2) of SC/ST Act is allowed and the order dated 26.03.2019 passed by the Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Case), Sri Ganganagar in Criminal Misc. Case No. 68/2019 is set aside. It is directed that appellant - Jyoti Rajput D/o Kan Singh shall be released on bail in connection with FIR No. 396/2018 of Police Station Nai Mandi Gharsana, District Sri Ganganagar provided she executes a personal bond in a sum of Rs. 50,000/- with two sound and solvent sureties of Rs. 25,000/- each to the satisfaction of learned trial court for her appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.