Himmat Singh vs State Of Rajasthan And Others

Rameshwar Vyas, J

Heard learned counsel for the appellant as well as learned Public Prosecutor and also perused the material on record.

This criminal appeal under Section 14-A(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 15.07.2022 passed by the Special Judge, SC/ST (Prevention of Atrocities) Cases, Udaipur (hereinafter to be referred as ‘trial court’) in Criminal Misc. (Bail) Case No.218/2022 whereby, the trial court has dismissed the bail application filed on behalf of the appellant.

The appellant has been arrested in FIR No.35/2021 of Police Station Ambamata, District Udaipur for the offences punishable under Sections 302, 3(2)(V) of SC/ST Act, 1989.

Learned counsel for the appellant submits that during trial total seven witnesses have been examined and nobody have supported the prosecution story. They have turned hostile including the brother of deceased Lakhan PW-5; there is no evidence on record to connect the present appellant with the offence; appellant is under custody since 21.01.2021 and trial of the case will take sufficient long time to conclude, therefore, learned counsel for the appellant prays to allow the appeal.

Learned Public Prosecutor as well as counsel for the complainant have opposed the prayer made on behalf of the appellant in this criminal appeal.

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 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 15.07.2022 passed by the Special Judge, SC/ST (Prevention of Atrocities) Cases, Udaipur in Criminal Misc. (Bail) Case No.218/2022 is set aside. It is directed that appellant – Himmat Singh S/o Bhagwat Singh shall be released on bail in connection with FIR No.35/2021 of Police Station Ambamata, District Udaipur provided he executes a personal bond in the 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.