Ganesh Joshi vs State

This criminal appeal under Section 14A(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 12.3.2019 passed by the learned Special Judge, SC/ST Act Cases, Bikaner (hereinafter to be referred as 'trial court') in Criminal Misc. Bail Case No.364/2019 whereby the trial court has dismissed the bail application filed on behalf of the appellant.

The appellant has been arrested in FIR No.133/2017 of P.S. Gajner, District Bikaner for the offences punishable under Sections 302, 201 of I.P.C. and Section 3(2)(5-T) SC/ST Act.

Learned counsel for the appellant has submitted that there is no evidence available on record to connect the appellant with the commission of crime. It is argued that the complainant filed an FIR on 22.12.2017 alleging that his son Ajay is missing from 24.11.2017, however, on 20.12.2017, some bones and clothes were found by some villagers in an abandoned house and when he reached there, he identified that these clothes are of his missing son Ajay. It is alleged that his son Ajay was murdered by some person.

The police, after thorough investigation, arrested the appellant while claiming that it is the appellant, who had murdered the son of the complainant. Learned counsel for the appellant has submitted that there is no concrete evidence available on record to suggest that the appellant had committed the crime. It is submitted that the police, on the basis of surmises and conjectures, have concluded that as the deceased was in possession of an obscene video of the appellant, therefore, he killed the deceased. Learned counsel for the appellant has submitted that no recovery of any weapon has been effected from the appellant and he has been named as accused on the basis of very weak circumstantial evidences. Learned counsel for the appellant has submitted that charge-sheet has been filed and trial of the case will take time.

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 accused 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 12.3.2019 passed by the learned Special Judge, SC/ST Act Cases, Bikaner in Criminal Misc. Bail Case No.364/2019 is set aside. It is directed that appellant - Ganesh Joshi S/o Shri Ramratan shall be released on bail in connection with FIR No.133/2017 of P.S. Gajner, District Bikaner provided he executes a personal bond in a 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.