Bhawar Lal @ Bhanwar Ram @ Narendra ... vs State Of Rajasthan
2023 Latest Caselaw 5945 Raj

     HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                         JODHPUR
            S.B. Criminal Appeal No. 1419/2023
Bhawar Lal @ Bhanwar Ram @ Narendra Singh Rao S/o Nathu
Ram, Aged About 59 Years, R/o Bichava, Tehsil Deedwana,
District Nagaur.
(In Judicial Custody At Sub Jail, Merta)
                                                                   ----Appellant
                                   Versus
1.     State Of Rajasthan, Through Pp
2.     Shivraj S/o Govind Ram, B/c Bavari, R/o Binchhawa, P.s.
       Khunkhuna, District Nagaur.
                                                                ----Respondents



For Appellant(s)          :    Mr.J.S.Choudhary, Sr.Advocate with
                               Mr.Pradeep Choudhary.
For Respondent(s)         :    Mr.Laxman Solanki, P.P.
For Complainant(s)        :    Mr.Surendra Choudhary.


        HON'BLE MR. JUSTICE KULDEEP MATHUR
                     JUDGMENT

16/08/2023

The instant appeal under Section 14A(2) of the Scheduled

Castes and Scheduled Tribes (Prevention of Atrocities) Act has

been filed by the appellant against the order dated 17.7.2023

passed by learned Special Judge, Scheduled Castes and Scheduled

Tribes (Prevention of Atrocities) Act Cases, Merta in Cr.Misc. Case

No.138/2023, whereby the bail application filed by the appellant,

who has been arrested in connection with FIR No.139/2023

registered at Police Station Khunkhuna, District Nagaur, for

offences under Sections 306 of IPC and Section 3(2)(v) of

Scheduled Castes and Scheduled Tribes (Prevention of Atrocities)

Act, has been rejected.

As per prosecution, on 29.6.2023 deceased Ram Narayan

committed suicide. As per prosecution, deceased - Ram Narayan

took the agricultural land of Sukhveer Rao situated at Village

(2 of 3) [CRLAS-1419/2023]

Sangu for cultivation purposes. Sukhveer Rao was having a land

dispute with the present appellant. In the morning of 29.6.2023,

present appellant alongwith co-accused persons had beaten the

deceased and threatened to kill him. As per prosecution, due to

harassment caused by present appellant and co-accused persons,

deceased Ram Narayan committed suicide.

Learned counsel for the appellant submitted that the

appellant has been falsely implicated in the present case. Learned

counsel submitted that there is no evidence available on record to

show involvement of the appellant in causing harassment to the

deceased or abetment to commit suicide. Learned counsel

submitted that the allegations against the appellant of threatening

and beating the deceased have been levelled only with a view to

implicate him in a false case. Learned counsel submitted that

there is no evidence available on record indicating the fact that

the appellant by any of his actions instigated or abetted the

deceased - Ram Narayan to commit suicide. Learned counsel

vehemently submitted that the essential ingredients of offence

under Section 306 IPC i.e. the abetment, the intention of the

accused to aid or instigate the deceased to commit suicide are not

present against the present appellant.

Learned counsel submitted that the appellant is in judicial

custody and the trial of the case will take sufficiently long time,

therefore, the benefit of bail should be granted to the accused-

appellant.

Per contra, learned Public Prosecutor and learned counsel for

the complainant have vehemently opposed the bail application.

(3 of 3) [CRLAS-1419/2023]

Heard learned counsel for the appellant, learned Public

Prosecutor and learned counsel for the complainant. Perused the

material available on record.

Having considered the rival submissions, facts and

circumstances of the case, this Court prima facie does not find any

material indicating that the appellant is guilty of the act of

instigating/abetting the deceased - Ram Narayan to commit

suicide. Thus, without expressing any opinion on merits/demerits

of the case, this Court is of the opinion that the appellant deserves

to be enlarged on bail.

Accordingly, the appeal under Section 14A(2) of the

Scheduled Castes and Scheduled Tribes (Prevention of Atrocities)

Act is allowed. The order dated 17.7.2023 passed by learned

Special Judge, Scheduled Castes and Scheduled Tribes (Prevention

of Atrocities) Act Cases, Merta is set aside and it is ordered that

the accused-appellant- Bhawar Lal @ Bhanwar Ram @

Narendra Singh Rao S/o Nathu Ram shall be enlarged on bail

in connection with FIR No.139/2023 registered at Police Station

Khunkhuna, District Nagaur, provided he furnishes a personal

bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/-

each to the satisfaction of the learned trial Judge for his

appearance before the court concerned on all the dates of hearing

as and when called upon to so.

(KULDEEP MATHUR),J /tarun goyal/ Sr.No.255

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