Gyana Devi vs State
2021 Latest Caselaw 7412 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Appeal No. 868/2020

Gyana Devi W/o Shri Narayan, Aged About 45 Years, R/o Sawantgarh, Police Station Maroth, District Nagaur (At Present Lodged In Sub Jail Merta, District Nagaur)

----Appellant Versus

1. The State of Rajasthan

2. Ghanshyam S/o Late Shri Hanuman Ram, R/o Sawantgarh, Tehsil Maroth, District Nagaur

----Respondents

For Appellant : Mr. Mridul Jain Mr. Bhagat Dadhich For Respondent No.1 : Mr. Mohd. Javed Gauri, P.P.

For Respondent No.2      :     Mr. B.S. Mertiya



            HON'BLE MR. JUSTICE VIJAY BISHNOI

                         Judgment / Order

16/03/2021

This criminal appeal under Section 14A(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

25.09.2020 passed by the Special Judge, Scheduled Caste and

Scheduled Tribe (Prevention of Atrocities) Cases, Merta, District

Nagaur (hereinafter to be referred as 'trial court') in Criminal Misc.

(Bail) Case No.144/2020, whereby the trial court has dismissed

the bail application filed on behalf of the appellant.

The appellant has been arrested in FIR No.82/2020 of Police

Station Maroth, District Nagaur for the offences punishable under

(2 of 3) [CRLAS-868/2020]

Sections 147, 148, 149, 354, 302, 323, 341 and 120-B IPC and

Sections 3(1)(R)(S)(W) and 3(2)(VA) SC/ST Act.

Learned counsel for the appellant has submitted that the

allegation against the appellant of inflicting injury on the head of

the deceased is false because from the postmortem report, it is

clear that there is no injury on the head of the deceased. It is

further submitted that the other allegation against the appellant is

to the effect that she inflicted injury on the head of injured

Chunka Devi, however, from her injury report, it is clear that the

said injury is simple in nature. It is further submitted that the

appellant is a lady and in custody since long and it is a case of

free fight wherein both the parties have received injuries.

Learned Public Prosecutor as well as learned counsel for the

respondent No.2 have vehemently opposed the prayer made on

behalf of the appellant in this criminal appeal.

Heard learned counsel for the parties and also perused the

material on record.

Having regard to the totality of the facts and circumstances

of the case and after taking into consideration the fact that the

appellant is a lady, without expressing any opinion on the merits

of the case, I deem it just and proper to allow the appeal filed by

the accused appellant under Section 14-A(2) of SC/ST Act.

Accordingly, this criminal appeal filed under Section 14-A(2)

of SC/ST Act is allowed and the order dated 25.09.2020 passed by

the Special Judge, Scheduled Caste and Scheduled Tribe

(Prevention of Atrocities) Cases, Merta, District Nagaur in Criminal

Misc. (Bail) Case No.144/2020 is set aside. It is directed that

appellant - Gyana Devi W/o Shri Narayan shall be released on bail

(3 of 3) [CRLAS-868/2020]

in connection with FIR No.82/2020 of Police Station Maroth,

District Nagaur provided she executes a personal bond in a sum of

Rs.50,000/- with two sound and solvent sureties of Rs.25,000/-

each to the satisfaction of learned trial court for her 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

Abhishek Kumar S.No.152

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