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2021 DIGILAW 782 (RAJ)

Gayatri Devi v. State Of Rajasthan

2021-04-06

PANKAJ BHANDARI

body2021
JUDGMENT 1. Appellant has preferred this appeal aggrieved by order dated 03.03.2021 passed by Special Judge, SC/ST (Prevention of Atrocities) Cases Sikar, whereby, bail application under Section 438 Cr.P.C. filed by the appellant was rejected. 2. F.I.R. No. 347/2020 was registered at Police Station Ranoli District Sikar for offence under Sections 341, 323 of I.P.C. and Section 3(l)(r), 3(1)(S) and 3(2)(va) SC/ST Act. 3. It is contended by counsel for the appellant that appellant is Principal of the school. Complainant is a teacher who did not come to school on time and went to attend Karwa Chouth story. When the appellant called her, she returned and complained that she has left the Karwa Chauth story in between because of the appellant, on which appellant told her that her CL will be marked. The dispute took place and the complainant threatened the appellant and that she would not let her CL be marked in the register. It is informed by learned Public Prosecutor that from the evidence recorded it is revealed that except for the complainant and one person, no one has given the evidence of hurling of caste based abuses or beating. 4. It is also contended that the appellant is the Principal of the school and from the investigation done by the Police it is not revealed that any offence under the SC/ST Act has been committed by the appellant. 5. Counsel for the appellant has placed reliance on "Prathvi Raj Chauhan vs. Union of India" (Writ Petition (c) Nos.1015/2018 & 1016/2018) decided on 10.02.2020. 6. Learned Public Prosecutor and counsel for the complainant have opposed the appeal. It is contended that there is a bar in a case where the allegation is with regard to commission of offence of SC/ST (Prevention of Atrocities) Act 1989. 7. I have considered the contentions. 8. Taking note of the fact that appellant is the Principal who was Manager of the School and complainant went to hear the Karwa Chauth story and was not there in the school at the time and that she opposed the marking of CL in the register and considering the investigation done by the Police and the judgment relied on by counsel for the appellant, I deem it proper to allow the appeal. 9. The order dated 03.03.2021 passed by Special Judge, SC/ST (Prevention of Atrocities) Cases Sikar is quashed and set-aside and this appeal is allowed. 9. The order dated 03.03.2021 passed by Special Judge, SC/ST (Prevention of Atrocities) Cases Sikar is quashed and set-aside and this appeal is allowed. The S.H.O/I.O/Arresting Officer, Police Station Ranoli District Sikar in F.I.R. No. 347/2020 is directed that in the event of arrest of the appellant she shall be released on bail, provided she furnishes a personal bond in the sum of Rs.l,00,000/-(Rupees One Lac Only) with two sureties in the sum of Rs. 50,000/- (Rupees Fifty Thousand Only) each to his satisfaction on the following conditions :- (i). that the appellant shall make herself available for interrogation by a police officer as and when required; (ii). that the appellant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade her from disclosing such facts to the court or any police officer, and (iii). that the appellant shall not leave India without previous permission of the court.