Abdul Rahman @ Raju vs State Of Rajasthan ...
2023 Latest Caselaw 9341 Raj

[2023:RJ-JD:38823]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Appeal (Sb) No. 1691/2022

Abdul Rahman @ Raju S/o Sh. Babu Khan, Aged About 44 Years, Plot No. 17, Jagjivanram Colony, Bhadwasiya, P.s. Mahamandir, Jodhpur, Raj.

----Appellant Versus

1. State Of Rajasthan, Through PP

2. Thakara Ram, Resident of Girani, Ramsar, Barmer, Rajasthan

----Respondents

For Appellant(s) : Mr. C.S. Rajpurohit For Respondent(s) : Mr. B.R. Bishnoi, PP

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

08/11/2023

As per the office report, notice of the respondent No.2 has

been duly served.

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

8.9.2022 passed by the Special Judge, SC/ST (Prevention of

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

trial court') in Sessions Case No.62/2019 whereby, the trial court

has dismissed the bail application filed on behalf of the appellant.

The appellant has been arrested in FIR No.45/2019 of Police

Station Mahamandir, Jodhpur for the offences punishable under

Sections 364, 376, 302 IPC and Section 3(2)(V) of the SC/ST Act.

[2023:RJ-JD:38823] (2 of 3) [CRLAS-1691/2022]

Learned counsel for the appellant has submitted that the

police has falsely implicated the appellant in this case though no

direct evidence against him is available on record. It is further

submitted that the allegation levellled against the appellant is that

he had sexually assaulted the victim and thereafter murdered her,

however, the police has not recorded statement of any person,

who witnessed the incident. Learned counsel has submitted that

charge-sheet filed against the appellant is based on the evidence

of one Raja Upadhayay, who has been examined before the trial

court as PW-3. As per the prosecution story, the above-named

witness has last seen the appellant in the company of the victim.

It is also submitted that in the court statement, Raja Upadhayay

(PW-3) has failed to identify the appellant. It is also submitted

that the appellant is in custody since 24.1.2019 and the trial

against him has not been completed till date.

Learned Public Prosecutor has opposed the prayer made on

behalf of the appellant in this criminal appeal.

Heard learned counsel for the appellant as well as learned

Public Prosecutor and also 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 SC/ST Act is allowed and the order dated 8.9.2022 passed by

the trial court in Sessions Case No.62/2019 is set aside and it is

directed that appellant - Abdul Rahman @ Raju S/o Sh. Babu

Khan shall be released on bail in connection with FIR No.45/2019

[2023:RJ-JD:38823] (3 of 3) [CRLAS-1691/2022]

of Police Station Mahamandir, 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 1-msrathore/-

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