Kapil Puri Goswami vs State Of Rajasthan
2022 Latest Caselaw 2118 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Appeal No. 70/2022

Kapil Puri Goswami S/o Kishan Puri, Aged About 27 Years, B/c Goswami, R/o Joshi Colony, Chanana Bhakhar, P.s. Pratap Nagar, Jodhpur. (In Judicial Custody In Central Jail, Jodhpur).

----Appellant Versus

1. State Of Rajasthan, Through Pp

2. Surjeet S/o Sh. Vijay Prakash, E-Sector, 510, Hudko Quarter, Kamla Nehru Nagar, P.s. Pratap Nagar, Jodhpur.

----Respondents

For Appellant(s) : Mr. Pradeep Choudhary (through VC) For Respondent(s) : Mr. Mahipal Bishnoi, PP For Complainant(s) : Mr. Gokulesh Bohra (through VC)

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

07/02/2022

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

13.12.2021 passed by the Special Judge, SC/ST (Prevention of

Atrocities) Cases, Jodhpur (hereinafter to be referred as 'trial

court') in Criminal Misc. (Bail) Case No.403/2021 whereby, the

trial court has dismissed the bail application filed on behalf of the

appellant.

The appellant has been arrested in FIR No.370/2014 of Police

Station Pratap Nagar, Distt. Jodhpur for the offences punishable

(2 of 3) [CRLAS-70/2022]

under Sections 341, 302 IPC and Sections 3(2) (5) of SC/ST Act

and Section 4/25 Arms Act.

Learned counsel for the appellant has submitted that the

appellant is in custody since 04.10.2014 and as such he has

already suffered incarceration for a period of more than seven

years. It is also submitted that as per the list of witnesses

produced by the prosecution as many as thirty one witnesses have

been named, however, out of thirty one witnesses, only seventeen

witnesses have been examined till date. Learned counsel for the

appellant has also submitted that as a matter of fact, the incident

happened on spur of moment and as such the appellant had no

intention to kill the deceased. It is further submitted that in view

of the above facts and circumstances of the case particularly

taking into consideration the custody period of the appellant he be

enlarged on bail.

Learned Public Prosecutor as well as learned counsel for the

complainant have opposed the prayer made on behalf of the

appellant in this criminal appeal. Learned counsel for the

complainant has submitted that the allegation against the

appellant is to the effect that he has inflicted fatal injury on the

neck of deceased by a knife, which resulted into his immediate

death. It is also submitted that till so far many of the eye

witnesses have been examined before the trial court and all the

witnesses have verified the incident alleging that it was the

appellant, who has inflicted fatal injury on the neck of the

deceased. Learned counsel for the complainant has prayed that it

is not a fit case where the appellant be enlarged on bail.

Heard learned counsel for the parties.

(3 of 3) [CRLAS-70/2022]

It is to be noticed that the appellant is in custody since

14.10.2014 and along with charge-sheet, the police have

produced list of thirty one witnesses and out of thirty one

witnesses, only seventeen witnesses have been examined till date

It is also a fact that age of the appellant was twenty one years at

the time of incident.

Having regard to the totality of the facts and circumstances

of the case, particularly the custody period of appellant, 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 SC/ST Act is allowed and the order dated 13.12.2021 passed by

the trial court in Criminal Misc. (Bail) Case No.403/2021 is set

aside. It is directed that appellant - Kapil Puri Goswami S/o

Kishan Puri shall be released on bail in connection with FIR

No.370/2014 of Police Station Pratap Nagar, Distt. Jodhpur

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 Surabhii/58-

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