Gautam @ Gautam Singh vs State Of Rajasthan

Vijay Bishnoi, J

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 05.04.2022 passed by the Special Judge, Schedule Castes and Schedule Tribes (Prevention of Atrocities) Cases, Barmer (hereinafter to be referred as ‘trial court’) in Criminal Misc. Case No.76/2022, whereby the trial court has dismissed the bail application filed on behalf of the appellant.

The appellant has been arrested in FIR No.27/2016 of Police Station Bayatu, District Barmer for the offences punishable under Sections 302/34 and 201 IPC and Section 3(2)(V) of SC/ST Act.

Learned counsel for the appellant has submitted that police have filed charge-sheet against the appellant mainly relying on the statements of parents of the deceased viz. mother-Shanta Devi and father-Chanabasppa. It is submitted that now the statements of mother of the deceased viz. Shanta Devi have been recorded before the trial court in the trial against the appellant on 23.03.2022, wherein she has not supported the prosecution story and turned hostile, however, she has stated that the appellant is not known to her and she has not given any statements against the appellant during the course of the police investigation. It is further submitted that father of the deceased viz. Chanabasppa has died in the year 2021 and, therefore, his evidence cannot be recorded. Learned counsel for the appellant has argued that when the important witness i.e. mother of the deceased has not supported the prosecution story and turned hostile, it would be very difficult for the prosecution to prove the guilt of the appellant. It is also submitted that co-accused Hadmat Bhai @ Abu has already been enlarged on bail.

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 05.04.2022 passed by the Special Judge, Schedule Castes and Schedule Tribes (Prevention of Atrocities) Cases, Barmer in Criminal Misc. Case No.76/2022 is set aside. It is directed that appellant - Gautam @ Gautam Singh S/o Shri Sawaram @ Shiv Singh shall be released on bail in connection with FIR No.27/2016 of Police Station Bayatu, District Barmer 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.