Ramcharan S/O Shri Ramkishan vs State Of Rajasthan
2024 Latest Caselaw 756 Raj/2

Rajasthan High Court

Ramcharan S/O Shri Ramkishan vs State Of Rajasthan on 1 February, 2024

Author: Birendra Kumar

Bench: Birendra Kumar

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

              S.B. Criminal Appeal (Sb) No. 3100/2023
Ramnarayan Saini S/o Shri Lalluram Saini, Aged About 36 Years,
R/o Village Gudha Katla, P.s. Baswa, District Dausa (Raj) (At
Presently Confined In Central Jail Alwar)
                                                                    ----Appellant
                                    Versus
1.       State Of Rajasthan, Through Public Prosecutor

2. Rajkumar S/o Jwalaram, R/o Berla P.s. Laxmangarh, District Alwar (Raj)

----Respondents Connected With

S.B. Criminal Appeal (Sb) No. 3312/2023

Ramcharan S/o Shri Ramkishan, Aged About 39 Years, R/o Kanha Ka Bas, Jagir, Ward No. 32, Bandikui, Police Station Bandikui District Dausa (At Present Confined In Central Jail, Alwar)

----Appellant Versus

1. State Of Rajasthan, Through The Public Prosecutor

2. Rajkumar S/o Jawlaram, R/o Berla, Tehsil Laxmanghar, District Alwar

----Respondents

For Appellant(s) : Mr. Mohar Pal Meena, through V.C. Mr. Nikhilesh Katara, through V.C. For Respondent(s) : Mr. Ankit Khandelwal, P.P., through V.C.

HON'BLE MR. JUSTICE BIRENDRA KUMAR

Judgment

01/02/2024

1. Heard the parties.

2. These present criminal appeals under Section 14-A(2) of the

SC/ST (Prevention of Atrocities) Act is against refusal of grant of

(2 of 2) [CRLAS-3100/2023]

regular bail in FIR No.375/2023 registered with Police Station

Rajgarh, District Alwar for offences under Sections 365 IPC.

3. The FIR is against the unknown. Prosecution case is based

on circumstantial evidence. The informant and the witness of last

seen have already been examined during trial and they have not

supported allegation against appellants. Moreover, besides

suspicion, there is no other material against the appellants. Law is

well-settled that suspicion cannot take the place of proof.

4. Learned Public Prosecutor has opposed the appeal.

5. Considering the lack of sufficient proof, there is no need for

further detention of the appellants.

6. Accordingly, orders dated 30.09.2023 and 21.10.2023

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

Atrocities Cases), Alwar are set-aside and these appeals are

accordingly allowed and it is directed that the above named

accused-appellants be released on bail in the aforesaid FIR, if they

are not wanted in any other case, provided that each of them

furnishes a personal bond of Rs.25,000/- with two sureties of like

amount to the satisfaction of the learned trial court with following

conditions:-

(i) the appellants shall fully co-operate in the trial, failing which, the trial judge would be at liberty to cancel the bail bonds of the appellant.

(ii) the appellants shall not leave the Country without permission of the trial Court otherwise it would amount to disobedience of the order of this Court and would amount for cancellation of bail.

(BIRENDRA KUMAR),J

25-26 - Ravi Khandelwal

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