Irfan Shekh vs State Of Rajasthan

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 20.06.2019 passed by the Special

Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Cases), Udaipur (hereinafter to be referred as ‘trial court’) in Criminal

Misc. Bail Case No.281/2019 (CIS No.163/19), whereby the trial court has dismissed the bail application filed on behalf of the appellant.

The appellant has been arrested in FIR No.101/2019 of Police Station Bhupalpura, District Udaipur for the offences punishable under Section 306 IPC

and Section 3(2)(V) of SC/ST Act.

Learned counsel for the appellant has submitted that the allegation against the appellant is to the effect that he instigated the deceased to commit

suicide. Learned counsel for the appellant has submitted that as a matter of fact no definite evidence in respect of the allegation levelled against the

appellant has been collected by the police. It is submitted that the police have implicated the appellant in this case only on the basis of some call details

recovered by them wherein the appellant had some conversations with the deceased. It is submitted that the appellant was known to the deceased and

often used to talk to her on mobile phone but this fact itself is not sufficient to prove that the appellant instigated the deceased to commit suicide. It is

submitted that as a matter of fact the deceased was recently engaged and she was not happy with the same, therefore, she committed suicide.

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 20.06.2019 passed by the Special Judge,

Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Cases), Udaipur in Criminal Misc. Bail Case No.281/2019 (CIS No.163/19) is set

aside. It is directed that appellant - Irfan Shekh S/o Rafiq Shekh shall be released on bail in connection with FIR No.101/2019 of Police Station

Bhupalpura, District Udaipur 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.