Research › Search › Judgment

Rajasthan High Court · body

2022 DIGILAW 1241 (RAJ)

Javed Khan v. State Of Rajasthan

2022-04-21

VINIT KUMAR MATHUR

body2022
JUDGMENT Vinit Kumar Mathur, J. - The instant appeal has been filed under Section 14a(2) SC/ST (Prevention of atrocities) act on behalf of the appellants, who are in custody in connection with FIR No. 606/2020, Police Station Balotra, District Barmer for the offences under Sections 323, 341, 302 and 34 of I.P.C. and Section 3(2)(v)(va) of the SC/ST (Prevention of atrocities) act against the order dated 06.04.2022 passed by learned Special Judge, SC/ST (Prevention of atrocities) Cases, Balotra, District Barmer, whereby, the bail application preferred under Section 439 Cr.P.C. on behalf of the appellants was rejected. 2. Heard. Perused the material available on record. 3. Learned counsel for the appellants submits that after rejection of the earlier appeal by this Court on 10.01.2022, three prosecution witnesses have been examined before the trial court i.e. PW-9 Sagar Kumar, PW-10 Bunty and PW-11 Geeta Devi and all the three persons are eye-witness to the incident and they have not supported the prosecution case, thus, they have been declared hostile. Learned counsel further submits that except the testimony of these three witnesses PW-9, PW-10 and PW-11, there is no clinching evidence in the present case to sustain the accusations against the appellants. He, therefore, prays that the appeal of the appellant may also be allowed. 4. Learned Public Prosecutor as well as learned counsel for the complainant oppose the appeal. 5. Thus, having regard to the entirety of facts and circumstances as available on record and upon a consideration of the arguments advanced, I am of the opinion that the appeal of the appellants deserves to be allowed. 6. Consequently, the instant appeal is allowed. The impugned order dated 06.04.2022 passed by learned Special Judge, SC/ST (Prevention of atrocities) Cases, Balotra, District Barmer is set aside. It is ordered that the accused-appellants (1) Javed Khan S/o Shri Hanif Khan (2) Mohammed arif S/o Shri Mohammed Sabir arrested in connection with FIR No. 606/2020, Police Station Balotra, District Barmer shall be released on bail; provided they furnish a personal bond of Rs. 50,000/- (Rupees: Fifty Thousand Only) and two sureties of Rs. 25,000/- (Rupees: Twenty Five Thousand Only) 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.