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2019 DIGILAW 1346 (RAJ)

Dinesh Kumar @ Dhanesh v. State of Rajasthan

2019-05-03

VIJAY BISHNOI

body2019
JUDGMENT Vijay Bishnoi, J. - 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 appellants being aggrieved with the order dated 27.03.2019 passed by the Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Cases, Churu (hereinafter to be referred as 'trial court') in Criminal Misc. Bail No.118/2019 (Sessions Case No.09/2019), whereby the trial court has dismissed the bail application filed on behalf of the appellants. 2. The appellants have been arrested in FIR No.67/2018 of Police Station Ratan Nagar, District Churu for the offences punishable under Section 302/34 IPC and section 3(2)(5) of SC/ST Act. 3. Learned counsel for the appellants has submitted that as per the charge-sheet, the allegation against the appellants is to the effect that they brutally assaulted deceased Asharam in their house, which resulted into his death. Learned counsel for the appellants has submitted that as a matter of fact deceased Asharam came to the house of appellants with the intention to meet their sister, who was in relation with deceased, and at that time nobody was present in the house of appellants except their sister. It is submitted that some neighbours saw deceased Asharam entering into the house of the appellants and they immediately gathered outside and asked the sister of the appellants to open the door where deceased Asharam was locked. It is submitted that the sister of the appellants refused to open the door then the neighbours called the appellants and the appellants after taking keys from their sister opened the locked and found Asharam in the room. It is also submitted that the neighbours, who assembled there in large number, got agitated and started beating Asharam. Learned counsel for the appellants has submitted that as a matter of fact the appellants did not assault deceased Asharam and the neighbours assaulted him but the family members of deceased Asharam implicated the appellants because he was brutally assaulted in their house. It is submitted that the charge-sheet has been filed and trial will take time. 4. Learned Public Prosecutor has opposed the prayer made on behalf of the appellants in this criminal appeal. 5. Heard learned counsel for the appellants as well as learned Public Prosecutor and also perused the material on record. 6. It is submitted that the charge-sheet has been filed and trial will take time. 4. Learned Public Prosecutor has opposed the prayer made on behalf of the appellants in this criminal appeal. 5. Heard learned counsel for the appellants 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 appellants under Section 14A(2) of SC/ST Act. 7. Accordingly, this criminal appeal filed under Section 14A(2) of SC/ST Act is allowed and the order dated 27.03.2019 passed by the Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Cases, Churu in Criminal Misc. Bail No.118/2019 (Sessions Case No.09/2019) is set aside. It is directed that appellants - (1) Dinesh Kumar @ Dhanesh S/o Bhagvana Ram (2) Shrawan Kumar S/o Mahaveer Prasad shall be released on bail in connection with FIR No.67/2018 of Police Station Ratan Nagar, District Churu provided each of them 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 their appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.