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2021 DIGILAW 1137 (RAJ)

Suman Devi v. State of Rajasthan

2021-07-14

DEVENDRA KACHHAWAHA

body2021
ORDER In S.B. Criminal Appeal No. 1000/2021: 1. The instant appeal has been filed under Section 14A(2) SC/ST (Prevention of Atrocities) Act on behalf of the appellant, who is in judicial custody in connection with FIR No.188/2021registered at Police Station Chirawa, District Jhunjhunu registered for the offences punishable under Section 306 of IPC & Section 3(2)(v) of the SC/ST (Prevention of Atrocities) Act against the order dated 22.06.2021 passed by the Special Judge, SC/ST (Prevention of Atrocities) Cases, Jhunjhunu, whereby, the bail application preferred under Section 439 Cr.P.C. on behalf of the appellant was rejected. 2. Heard learned counsel for the appellant, learned Public Prosecutor, present-in-person and learned counsel appearing for the complainant through video conferencing. Perused the material available on record. 3. Learned counsel for the appellant stated that in the suicide note, no specific allegation has been levelled against the accused-appellant; in suicide note, which is available at page 40-41 of the charge sheet, only allegation has been levelled against the there is no specific allegation against the accused-appellant; charge sheet has been filed and the trial of the case will take long time. With these submissions, learned counsel for the appellant prayed that benefit of bail may be granted to the appellant. 4. Per contra, learned Public Prosecutor and learned counsel appearing for the complainant opposed the bail application and stated that as per suicide note, suicide was committed due to harassment by the accused-appellant. 5. Having regard to the facts and circumstances of the case, particularly to the suicide note in which specific allegations were made against co-accused Umrav Jat and not against the accused-appellant, therefore, without expressing any opinion on the merits/demerits of the case, this Court is of the opinion that the bail application filed by the appellant deserves to be accepted. 6. Consequently, the instant appeal is allowed. The impugned order dated 22.06.2021 passed by the Special Judge, SC/ST (Prevention of Atrocities) Cases, Jhunjhunu is set aside. It is ordered that the accused-appellant - Suman Devi wife of Sandeep Kumar arrested in connection with FIR No. 188/2021 registered at Police Station Chirawa, District Jhunjhunu, shall be released on bail, if not wanted in any other case, provided she furnishes a personal bond of Rs. 50,000/- and two sureties of Rs. It is ordered that the accused-appellant - Suman Devi wife of Sandeep Kumar arrested in connection with FIR No. 188/2021 registered at Police Station Chirawa, District Jhunjhunu, shall be released on bail, if not wanted in any other case, provided she furnishes a personal bond of Rs. 50,000/- and two sureties of Rs. 25,000/-each to the satisfaction of the learned trial Court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so. 7. In S.B. Criminal Miscellaneous Bail Application No. 10512/2021: In compliance of the order dated 06.07.2021 passed by this Court, office has tagged the application (No. 1/2021) filed by learned counsel for the appellant for converting this bail application into criminal appeal under Section 14-A of SC/ST (Prevention of Atrocities) Act. For the reasons mentioned in the said application, the same is allowed. Amended cause title filed by learned counsel for the appellant is taken on record. Let, this criminal misc. bail application be now treated as criminal appeal under Section 14-A of SC/ST (Prevention of Atrocities) Act. 8. The instant appeal has been filed under Section 14A(2) SC/ST (Prevention of Atrocities) Act on behalf of the appellant, who is in judicial custody in connection with FIR No.0188/2021 registered at Police Station Chirawa, District Jhunjhunu registered for the offences punishable under Section 306 of IPC & Section 3(2)(v) of the SC/ST (Prevention of Atrocities) Act against the order dated 21.06.2021 passed by the Special Judge, SC/ST (Prevention of Atrocities) Cases, Jhunjhunu, whereby, the bail application preferred under Section 439 Cr.P.C. on behalf of the appellant was rejected. 9. Heard learned counsel for the appellant, learned Public Prosecutor, present-in-person and learned counsel appearing for the complainant through video conferencing. Perused the material available on record. 10. Learned counsel for the appellant stated that there is no specific allegation levelled against the accused-appellant; accused-appellant is behind the bars from 17.06.2021; charge sheet has been filed and the trial of the case will take long time. With these submissions, learned counsel for the appellant prayed that benefit of bail may be granted to the appellant. 11. Per contra, learned Public Prosecutor and learned counsel appearing for the complainant opposed the bail application and stated that as per suicide note, suicide was committed due to harassment by the accused-appellant. 12. With these submissions, learned counsel for the appellant prayed that benefit of bail may be granted to the appellant. 11. Per contra, learned Public Prosecutor and learned counsel appearing for the complainant opposed the bail application and stated that as per suicide note, suicide was committed due to harassment by the accused-appellant. 12. Having regard to the facts and circumstances of the case, particularly to the suicide note, in which specific allegations were made against co-accused Umrav Jat and not against the accused-appellant, therefore, without expressing any opinion on the merits/demerits of the case, this Court is of the opinion that the bail application filed by the appellant deserves to be accepted. 13. Consequently, the instant appeal is allowed. The impugned order dated 21.06.2021 passed by the Special Judge, SC/ST (Prevention of Atrocities) Cases, Jhunjhunu is set aside. It is ordered that the accused-appellant - Surendra Kumar S/o Shri Om Prakash arrested in connection with FIR No.0188/2021 registered at Police Station Chirawa, District Jhunjhunu, shall be released on bail, if not wanted in any other case, provided he furnishes a personal bond of Rs. 50,000/- and two sureties of Rs. 25,000/-each to the satisfaction of the learned trial Court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.