Yogendra Singh Negi vs State Of Rajasthan
2023 Latest Caselaw 8243 Raj

[2023:RJ-JD:33743]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Appeal (SB) No. 1829/2023

Yogendra Singh Negi S/o Sh. Gopal Singh Negi, Aged About 59 Years, B/c Negi, R/o Behind Vetrinary Hospital Nagaur, Presently Posted As Doctor In Govt. J.l.n. Hospital, Nagaur, Dist. Nagaur. (Presently Lodged In Sub Jail, Merta, Dist. Nagaur).

----Appellant Versus

1. State Of Rajasthan, Through PP

2. Hanuman Ram S/o Sh. Jogaram, Meghwalo Ka Mohalla, Rol, Dist. Nagaur.

                                                                   ----Respondents


For Appellant(s)             :    Mr. Rakesh Arora.
For Respondent(s)            :    Mr. Salim Khan, PP.
                                  Mr. Rahul Rajpurohit.



            HON'BLE MR. JUSTICE KULDEEP MATHUR

                                       Order

09/10/2023

This appeal has been preferred on behalf of the appellant

under Section 14A(2) of the SC/ST (Prevention of Atrocities)

Amendment Act 2015 being aggrieved by the order dated

02.09.2023 passed by learned Special Judge, SC/ST (Prevention

of Atrocity) Cases, Merta, District Nagaur in Cr. Misc. Case

No.168/2023 rejecting the bail application preferred on behalf of

the appellant who is in custody in connection with FIR

No.04/2023, Police Station Kotwali Nagaur, District Nagaur, for the

offences under Sections 279, 337, 338, 304 and 308 IPC and

Section 3(2)(v) of the SC/ST Act.

As per prosecution, the appellant who is a doctor working in

a Government Hospital, in an inebriated state caused an accident,

[2023:RJ-JD:33743] (2 of 4) [CRLAS-1829/2023]

resulting in death of one Bhanwar Lal on the spot and miscarriage

of a pregnant woman namely Nazia Bano.

This Court vide judgment dated 16.05.2023, dismissed the

appeal for bail filed by the appellant, while granting him liberty to

file a fresh appeal after recording of the statements of

complainant and Smt. Nazia Bano.

Learned counsel for the appellant submitted that the

appellant has been falsely implicated in this case. Learned counsel

submitted that the appellant is in judicial custody since

05.01.2023. Learned counsel further submitted that looking to the

nature of offences, the charge against the petitioner will not travel

beyond Section 304-A IPC. Learned counsel submitted that the

alleged accident took place on 05.01.2023, due to rush and

congestion near the hospital gate, when the appellant was driving

the offending vehicle and suddenly lost control over the vehicle

while the car was passing through a speed breaker. It was thus,

submitted that the petitioner neither had motive nor intention to

commit the alleged crime.

Lastly, learned counsel submitted that the statements of the

complainant (PW-1) and Smt. Nazia Bano (PW-4) have already

been recorded before competent criminal court on 09.06.2023 and

29.08.2023 respectively. Drawing attention of the Court towards

the statements, learned counsel submitted that PW-1 in his court

statements has supported the prosecution story whereas PW-4

has turned hostile. Learned counsel submitted that in view of the

fact that statements of complainant and also eye-witness of the

incident (PW-1) and injured (PW-4) have already been recorded,

there is no apprehension of material witnesses being influenced by

[2023:RJ-JD:33743] (3 of 4) [CRLAS-1829/2023]

the petitioner or the petitioner tampering with any of the

evidence; no recovery is due to be made from present petitioner;

trial of the case is likely to consume sufficiently long time.

On these grounds, he implored the Court to enlarge the

appellant on bail.

Per contra, learned Public Prosecutor and learned counsel for

the complainant vehemently opposed the bail application.

Heard learned counsel representing 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 and after having perused the statements

of PW-1, PW-4 and other eye witnesses namely Salaudin (PW-3),

Raisa (PW-5) and Umrao (PW-6), this Court prima facie finds that

though, the complainant has supported the prosecution story but

other eye witnesses of the alleged incident have not supported the

prosecution story and have turned hostile. This Court also prima

facie finds that since, the statements of the most of the eye-

witnesses have already been recorded before competent criminal

court, it is now for the competent criminal court to evaluate the

statements of the eye witnesses, on the basis evidence adduced

before it. This Court also prima facie finds that the prosecution has

not shown any apprehension of the petitioner influencing the

remaining witnesses or tampering with the evidence; there is no

apprehension of the petitioner fleeing away from the country; the

petitioner is in judicial custody since 05.01.2023; trial likely to take

time, without expressing any opinion on merits/demerits of the case ,

[2023:RJ-JD:33743] (4 of 4) [CRLAS-1829/2023]

this Court is of the opinion that the appellant is entitled to be

released on bail.

Consequently, the appeal is allowed. The order dated

02.09.2023 passed by learned Special Judge, SC/ST (Prevention

of Atrocity) Cases, Merta, District Nagaur is set aside. It is ordered

that the accused-appellant Yogendra Singh Negi S/o Sh. Gopal

Singh Negi arrested in connection with FIR No.04/2023, Police

Station Kotwali Nagaur, District Nagaur shall be released on bail

during pendency of the trial; provided he furnishes personal bond

of Rs.50,000/- and two surety bonds of Rs.25,000/- each to the

satisfaction of the learned trial court with the stipulation to appear

before that Court on all dates of hearing and as and when called

upon to do so.

(KULDEEP MATHUR),J /tarun goyal/

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