Rajasthan High Court - Jodhpur
Ajay @ Raju vs State on 16 March, 2021
Bench: Vijay Bishnoi
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal No. 977/2020
Ajay @ Raju S/o Shri Harish, Aged About 23 Years, Occhdi Police
Station Sadar, Chittorgarh, District Chittorgarh. (At Present
Lodged In District Jail Chittorgarh).
----Appellant
Versus
1. State, Through P.p.
2. Bharat Meghwal S/o Shri Manna Lal Ji Meghwal, Ochari,
Sadar, Chittorgarh, Rajasthan.
----Respondents
For Appellant(s) : Mr. Kuldeep Sharma
For Respondent(s) : Mr. Mohd. Javed Gauri, PP
HON'BLE MR. JUSTICE VIJAY BISHNOI
Judgment / Order
16/03/2021
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 5.11.2020 passed
by the Special Judge, SC/ST (Prevention of Atrocities) Act
Cases, Chittorgarh (hereinafter to be referred as 'trial
court') in Criminal Misc. (Bail) Case No.93/2020 (CIS
No.889/2020) whereby, the trial court has dismissed the
bail application filed on behalf of the appellant.
The appellant has been arrested in FIR No.242/2020
of Police Station Sadar, Distt. Chittorgarh for the offences
(2 of 3) [CRLAS-977/2020]
punishable under Sections 302, 392/34 IPC and Section
3(2)(v) of the SC/ST Act.
Learned counsel for the appellant has submitted that
from the conclusion of charge-sheet, it is clear that the
appellant has not inflicted any injury on the deceased. It
is argued that as a matter of fact, the appellant was with
co-accused Dilip at the time of incident, however, he was
not aware that Dilip is going to kill his uncle - Manna Lal.
It is submitted that from the charge-sheet, it is reflected
that when appellant saw Dilip assaulting the deceased, he
immediately ran away from the scene of crime. It is
submitted that the appellant is in judicial custody since
long and trial of the case is likely to take time.
Learned Public Prosecutor has opposed the criminal
appeal.
Heard learned counsel for the appellant as well as
learned Public Prosecutor and perused the material on
record.
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.
Accordingly, this criminal appeal filed under Section
14-A(2) of the SC/ST Act is allowed; the order dated
5.11.2020 passed by the trial court in Criminal Misc.
(Bail) Case No.93/2020 (CIS No.889/2020) is set aside
and it is directed that appellant - Ajay @ Raju S/o Shri
Harish shall be released on bail in connection with FIR
(3 of 3) [CRLAS-977/2020]
No.242/2020 of Police Station Sadar, Distt. Chittorgarh
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.
(VIJAY BISHNOI),J
155 - ms rathore
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