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2021 DIGILAW 409 (RAJ)

Rasul Khan v. State

2021-02-17

VIJAY BISHNOI

body2021
JUDGMENT 1. 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 appellant being aggrieved with the order dated 07.03.2020 passed by the Special Judge, SC/ST (Prevention of Atrocities) Cases, Pali (hereinafter to be referred as 'trial court') in Criminal Misc. (Bail) Case No.153/2020, whereby, the trial court has dismissed the bail application filed on behalf of the appellant. 2. The appellant has been arrested in FIR No.42/2018 of Police Station Rohat, District Pali for the offences punishable under Sections 302, 201/120, 365 IPC and under Section 3(2)(5) of SC/ST Act. 3. Learned counsel for the appellant has submitted that appellant has falsely been implicated in this case. It is submitted that in the year 2016, a missing person report was filed alleging that deceased Bhagaram is missing from 17.10.2016. The police have failed to trace out deceased Bhagaram, however, in the year 2018, an FIR was lodged by PW-2 Budharam, brother of the deceased alleging that appellant, and son of the deceased Mahipal had murdered his brother Bhagaram in the year 2016. The police after investigation have filed charge-sheet against the appellant along with Mahipal alleging that the appellant, son and wife of the deceased hatched a conspiracy and, thereafter, murdered Bhagaram. It is also submitted that the police have recovered a skeleton on the information given by the appellant under Section 27 of the Indian Evidence Act and concluded that the said skeleton is of deceased Bhagaram. It is submitted that DNA sample of tooth of the deceased Bhagaram has been taken out and blood samples of Budharam and Baburam, brothers of deceased Bhagaram have also been taken out for examination. It is also submitted that now the DNA report has been received and result of the same reads as under:- "No DNA profile was obtained from exhibit no.1 (Tooth of the deceased), hence matching could not be done with control blood samples." 4. It is argued that when the DNA sample of tooth of the deceased could not match with the blood samples of Babu Ram and Budharam, brothers of the deceased, it is clear that skeleton recovered at the instance of the appellant was not of deceased Bhagaram. It is argued that when the DNA sample of tooth of the deceased could not match with the blood samples of Babu Ram and Budharam, brothers of the deceased, it is clear that skeleton recovered at the instance of the appellant was not of deceased Bhagaram. It is further submitted that appellant is in custody for around two years and eleven months and trial against him will take time. 5. Learned Public Prosecutor has opposed the prayer made on behalf of the appellant in this criminal appeal. 6. Heard learned counsel for the appellant as well as learned Public Prosecutor and also perused the material on record. 7. 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 appellant under Section 14-A(2) of SC/ST Act. 8. Accordingly, this criminal appeal filed under Section 14-A (2) of SC/ST Act is allowed and the order dated 07.03.2020 passed by the Special Judge, SC/ST (Prevention of Atrocities) Cases, Pali in Criminal Misc. (Bail) Case No.153/2020 is set aside. It is directed that appellant - Rasul Khan S/o Shri Chand Khan Moyla Mohammedan shall be released on bail in connection with FIR No.42/2018 of Police Station Rohat, District Pali provided he 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.