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2019 DIGILAW 3063 (RAJ)

Ramesh Keer v. State, Through PP

2019-12-17

VIJAY BISHNOI

body2019
JUDGMENT Vijay Bishnoi, J. - 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 appellants being aggrieved with the order dated 22.11.2019 passed by the Special Judge, SC/ST (Prevention of Atrocities) Cases, Rajsamand (hereinafter to be referred as 'trial court') in Criminal Misc. (Bail) Case No.13/2019 whereby, the trial court has dismissed the bail application filed on behalf of the appellants. 2. The appellants have been arrested in FIR No.90/2019 of Police Station Kankroli, Distt. Rajsamand for the offences punishable under Sections 143, 341, 323, 365, 504 IPC and Section 3(1) (r) (s), 3(2) (Va) of the SC/ST Act. 3. Learned counsel for the appellants has submitted that the allegation against the appellants of abducting Savendana (daughter of the appellant No.1- Ramesh Keer) is false. It is argued that when Savendana (daughter of the appellant No.1 Ramesh Keer) and her husband filed an application under Section 97 of CrPC before the SDM concerned on 19.04.2019 wherein, she has specifically stated that she went with her father and others as per her own free will and now she wants to go with her husband's house. It is further submitted that later on, under pressure of her husband, Savendana (daughter of the appellant No.1- Ramesh Keer) has levelled allegation of kidnapping against the appellants. It is further submitted that charge-sheet has been filed. 4. Learned Public Prosecutor has opposed the prayer made on behalf of the appellant 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 appellants 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 22.11.2019 passed by the trial court in Criminal Misc. (Bail) Case No.13/2019 is set aside. 7. Accordingly, this criminal appeal filed under Section 14-A(2) of SC/ST Act is allowed and the order dated 22.11.2019 passed by the trial court in Criminal Misc. (Bail) Case No.13/2019 is set aside. It is directed that appellants Ramesh Keer S/o Devilal Keer, Khemraj S/o Madanlal Keer, Sachin Keer S/o Pooran Keer, Kishan S/o Bhera Keer and Kailash S/o Shantilal Keer, shall be released on bail in connection with FIR No.90/2019 of Police Station Kankroli, Distt. Rajsamand provided each of them 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.