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Rajasthan High Court · body

2021 DIGILAW 2072 (RAJ)

Laxman Singh v. State of Rajasthan

2021-11-08

FARJAND ALI

body2021
ORDER 1. The instant appeal has been filed under Section 14 (2) (a) of SC/ST (Prevention of Atrocities) Act, 2015 on behalf of the appellant, who is in custody in connection with FIR No.61/2021 Police Station Sawar District Ajmer for the offences under Sections 302, 201, 394, 328 of IPC and Section 3 (2) (V) of SC/ST (Prevention of Atrocities) Act. 2. Heard learned counsel for the appellant and learned Public Prosecutor as well as counsel for the complainant. 3. Perused the material available on record. As per the direction of this Court the service upon the complainant has been effected. 4. Mr. Raj Kumar Kasana, Advocate has put in appearance on behalf of the complainant. 5. Learned counsel for the appellant submits that there is no eye-witness of the occurrence, the entire case of the prosecution hings on circumstantial evidence. He vehemently submitted that the circumstances put forth by the prosecution against the appellant are not conclusive in nature and definite in tendency. He further argued that there is no evidence of last seen of the deceased in company of the appellant. The alleged recovery of motorcycle and mobile of the appellant cannot be termed as an incriminating evidence. Learned counsel for the appellant drew the attention of this Court towards the statement of Smt. Kali Devi who happens to be the sister of the deceased, recorded under Section 161 of Cr.P.C. In her statement, she categorically stated that the deceased came to her house two days before the Holi festival and she remained with the witness for two days. Learned counsel further submitted that Holi festival was on 29.03.2021 and on the same day; her dead body was found lying in the agricultural field of the complainant. There is no evidence that after the deceased left the company of her sister, she came and contact with any other persons, more particularly, the appellant. He further submitted that the FSL report has eliminated every possibility of administering poisonous substance to the deceased whilst the confessional statement of the accused shows that poison was given to the deceased. He submits that the charge-sheet has been filed in this matter. The accused appellant is in custody since 31.03.2021, the trial would likely to take long time to culminate, so appellant may be released on bail. 6. He submits that the charge-sheet has been filed in this matter. The accused appellant is in custody since 31.03.2021, the trial would likely to take long time to culminate, so appellant may be released on bail. 6. Per contra, learned Public Prosecutor as well as counsel for the complainant vehemently opposed the bail application. Though, they are not able to show any concrete evidence or the circumstance unerringly pointing towards guilt of the accused-appellant. 7. Having regard to the totality of facts and circumstances as available on record and upon a consideration of the arguments advanced, I am of the opinion that the appellant deserves to be enlarged on bail. 8. Consequently, the instant appeal is allowed. The impugned order dated 27.07.2021 passed by the Special Judge, SC/ST (Prevention of Atrocities) Cases, Ajmer is set aside. It is ordered that the accused-appellant-Laxman Singh Son Of Shri Polu Singh arrested in connection with FIR No.61/2021, 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.