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2019 DIGILAW 1476 (RAJ)

Rakesh v. State, Through PP

2019-05-13

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 30.4.2019 passed by the Special Judge, SC/ST (Prevention of Atrocities) Cases, Jodhpur (hereinafter to be referred as trial court) in Criminal Misc. Bail Case No. 105/2019, whereby the trial court has dismissed the bail application filed on behalf of the appellant. 2. The appellant has been arrested in FIR No. 10/2019 of Police Station Asop, District Jodhpur, for the offences punishable under Sections 302 I.P.C. and Sections 3(2)(v) of SC/ST Act. 3. Learned counsel for the appellant has submitted that from perusal of charge-sheet filed by the police, it is clear that the appellant and deceased scuffled with each other after consuming liquor and on the day of incident, both of them were not in correct state of mind due to consumption of liquor. Learned counsel for the appellant has submitted that during the course of scuffle, the deceased fell down which resulted in hip fracture, but he remained at lime industry where the incident took place for around two more days and thereafter went to Jodhpur for further treatment, however, during the course of treatment, he died on account of injury received by him. Learned counsel for the appellant has submitted that from the above facts and circumstances of the case, it is clear that the appellant had no intention to kill the deceased and the deceased received injury in the scuffle took place between the appellant and him in drunken condition. Learned counsel for the appellant has submitted that charge-sheet has been filed and trial of the case will take time. 4. Learned Public Prosecutor has 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. 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 30.4.2019 passed by the Special Judge, SC/ST (Prevention of Atrocities) Cases, Jodhpur in Criminal Misc. Bail Case No. 105/2019 is set aside. It is directed that appellant Rakesh S/o Shri Daula Ram shall be released on bail in connection with FIR No. 10/2019 of Police Station Asop, District Jodhpur provided he 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 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.