Rajasthan High Court - Jodhpur
Subhash Chandra Sihag vs State Of Rajasthan (2024:Rj-Jd:38086) on 12 September, 2024
Author: Rajendra Prakash Soni
Bench: Rajendra Prakash Soni
[2024:RJ-JD:38086]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
JODHPUR
S.B. Criminal Appeal (SB) No. 1323/2024
Subhash Chandra Sihag S/o Indrachand, aged about 30 years,
resident of Rajpura, Police Station Taranagar, District Churu,
Rajasthan.
(Presently Lodged at Churu Jail)
----Appellant
Versus
1. State of Rajasthan through Public Prosecutor.
2. Om D/o Ranveer Megwal, resident of Lakhau, Police Station
Dudhwakhara, Tehsil and District Churu.
----Respondent
For Appellant(s) : Mr. Anda Ram Choudhary.
For Respondent(s) : Mr. Shrawan Singh, PP.
Mr. Vikas Bijarnia, for the
complainant.
HON'BLE MR. JUSTICE RAJENDRA PRAKASH SONI
Judgment
12/09/2024
1. Instant Criminal Appeal has been preferred to enlarge the
appellant on bail under Section 14A of the SC/ST (Prevention of
Atrocities) Amendment act 2015 and being aggrieved of the order
dated 23.08.2024 passed by learned Special Judge, SC/ST
(Prevention of Atrocities Cases), Churu (Raj.) in Criminal Misc.
(Bail) No. 350/2024 rejecting the bail application preferred on
behalf of the appellant, who is in custody in connection with FIR
No. 94/2024, Police Station Dudhwa Khara, District Churu, for
offences under Sections 74, 75(2), 78(2), 351(2) of BNS and
Sections 3(1)(W)(i) of the SC/ST (Prevention of Atrocities) Act.
[2024:RJ-JD:38086] (2 of 4) [CRLAS-1323/2024]
2. Learned counsel representing the appellant vehemently
urged that the appellant is innocent person and a false case has
been foisted against him; that entire allegations so leveled by the
police against the appellant are totally false and baseless; that
nothing has been recovered from possession of the appellant; that
there is no concrete evidence to show direct nexus between the
appellant and alleged crime, rather case of the prosecution is
based on surmises and conjectures instead of sound legal
evidence. With the aforesaid submissions, it was prayed that the
present petition be allowed and appellant may be enlarged on
bail.
3. From the other side, learned Public Prosecutor for the State
has strongly objected the submissions made by learned counsel
for the applicant-appellant.
4. It was further argued that there is overwhelming evidence
adduced on record which would prima-facie point towards the guilt
of the applicant-appellant; that keeping in view the gravity of
offences alleged to have been committed by him, he does not
deserves any leniency, rather he needs to be dealt with severely.
He thus, prayed that in the facts of the present case, it is
expedient that accused be kept in the custody.
5. I have given my thoughtful consideration to the arguments
advanced by learned counsel for the parties and have perused the
record carefully.
6. Having regard to the facts of the case and taking into
account totality of circumstances, in my considered opinion, the
[2024:RJ-JD:38086] (3 of 4) [CRLAS-1323/2024]
submissions made by learned counsel for the appellant cannot be
completely overlooked. In the present case, it is prima facie seen
that charge-sheet has been filed in the matter after completion of
investigation. The appellant is in custody since 21.08.2024; that
the allegation against the appellant is that he outraged modesty of
Miss "O"; that the trial is likely to take its own considerable time
and no useful purpose would be served by keeping him in
detention for an indefinite period. In that view of the matter, this
Court is of the opinion that the appellant deserves indulgence of
bail and thus, the order rejecting the application for bail filed on
behalf of the appellant cannot be sustained.
7. Consequently, the appeal is allowed. The order dated
23.08.2024 passed by learned Special Judge, SC/ST (Prevention
of Atrocities Cases), Churu (Raj.) is set aside and it is ordered that
the accused-appellant Subhash Chandra Sihag S/o
Indrachand, arrested in connection with FIR No. 94/2024, Police
Station Dudhwa Khara, District Churu, shall be released on bail
during pendency of the trial; provided he furnishes personal bond
of Rs. 1,00,000/- and two surety bonds of Rs.50,000/- 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 and if not required by Jail Authorities in any other
case. This order is subject to the condition that accused, within 7
days of his release and sureties, on the day of furnishing bail, will
also furnish details of their all bank accounts, with bank and
branch name, in shape of an affidavit, and submit legible copy of
their Aadhar cards as well as front page of Bank pass book, for
[2024:RJ-JD:38086] (4 of 4) [CRLAS-1323/2024]
smooth recovery of penalty amount, if there arise a need for
recovery of penalty under Section 446 Cr.P.C in future.
8. With the abovesaid directions, the Criminal Appeal is
disposed of.
(RAJENDRA PRAKASH SONI),J
S/ 178-Mohan/-
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