Jayant vs State Of Rajasthan And Ors

S. B. Criminal Appeal No. 779/2020

The notices in the present case were issued to the respondent No. 2/complainant on 11.09.2020.

Learned Additional Advocate General - cum - Government Advocate submits that as per the report, the respondent No. 2 has been informed about the pendency of the present criminal appeals.

Despite service, nobody has put in appearance on behalf of the respondent No. 2.

Heard learned counsel for the appellant and learned Additional Advocate General - cum - Government Advocate on the main appeal. Perused the material available on record.

The instant criminal appeal has been filed under Section 14A(2) of the S.C./S.T. (Prevention of Atrocities) Act, 2015 on behalf of the appellant, who is in custody in connection with F.I.R. No. 356/2019, Police Station Suratgarh, District Sri Ganganagar for the offences under Sections 306 & 109 of I.P.C. and Section 3(2)(v) of S.C./S.T. (Prevention of Atrocities) Act against the Order dated 18.01.2020 passed by the Special Judge, S.C./S.T. (Prevention of Atrocities) Act Cases, Sri Ganganagar whereby the bail application preferred under Section 439 of Cr.P.C. on behalf of the appellant was rejected.

Learned counsel for the appellant submits that the charge- sheet in the present case has been filed. He further submits that there is no evidence on record which shows or suggests that the appellant ever instigated or abetted Rughveer to commit suicide along with his kids. He further submits that the appellant is in judicial custody since 05.11.2019 and the conclusion of trial will take sufficient long time. He, therefore, prays that the appeal of the appellant may be allowed and he may be enlarged on bail.

Learned Additional Advocate General - cum - Government Advocate opposes the bail.

Having regard to the facts and circumstances of the case and upon a consideration of the arguments advanced, without commenting upon the merits of the case, this Court is of the opinion that the appeal filed by the appellant deserves to be accepted.

Consequently, the instant criminal appeal is allowed. The impugned Order dated 18.01.2020 passed by the Special Judge, S.C./S.T. (Prevention of Atrocities) Act Cases, Sri Ganganagar is set aside. It is ordered that the accused-appellant - Jayant S/o Hetram arrested in connection with F.I.R. No. 356/2019, Police Station Suratgarh, District Sri Ganganagar shall be released on bail provided he furnishes a personal bond of Rs. 50,000/- (Rupees: Fifty Thousand Only) and two sureties of Rs. 25,000/- (Rupees: Twenty Five Thousand Only) each to the satisfaction of the trial Court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so. S. B. Criminal Appeal (SB) No. 700/2020 The notices in the present case were issued to the respondent No. 2/complainant on 18.08.2020.

Learned Additional Advocate General - cum - Government Advocate submits that as per the report, the respondent No. 2 has been informed about the pendency of the present criminal appeals.

Despite service, nobody has put in appearance on behalf of the respondent No. 2.

Heard learned counsel for the appellant and learned Additional Advocate General - cum - Government Advocate on the main appeal. Perused the material available on record.

The instant criminal appeal (second bail application) has been filed under Section 14A(2) of the S.C./S.T. (Prevention of Atrocities) Act, 2015 on behalf of the appellant, who is in custody in connection with F.I.R. No. 356/2019, Police Station Suratgarh, District Sri Ganganagar for the offences under Sections 306 & 109 of I.P.C. and Section 3(2)(v) of S.C./S.T. (Prevention of Atrocities) Act against the Order dated 24.07.2020 passed by the Special Judge, S.C./S.T. (Prevention of Atrocities) Act Cases, Sri Ganganagar whereby the bail application preferred under Section 439 of Cr.P.C. on behalf of the appellant was rejected.

Learned counsel for the appellant submits that after rejection of the first appeal of the appellant by this Court vide Order dated 28.01.2020, the charge-sheet in the present case has been filed. He further submits that there is no evidence on record which shows or suggests that the appellant ever instigated or abetted Rughveer to commit suicide along with his kids. The conclusion of trial will take sufficient long time. He, therefore, prays that the appeal of the appellant may be allowed and she may be enlarged on bail.

Learned Additional Advocate General - cum - Government Advocate opposes the bail.

Having regard to the facts and circumstances of the case and upon a consideration of the arguments advanced, without commenting upon the merits of the case, this Court is of the opinion that the appeal filed by the appellant deserves to be accepted.

Consequently, the instant criminal appeal (second bail application) is allowed. The impugned Order dated 24.07.2020 passed by the Special Judge, S.C./S.T. (Prevention of Atrocities) Act Cases, Sri Ganganagar is set aside. It is ordered that the accused-appellant - Mayadevi W/o Late Raghuveer D/o Shri Dilipram arrested in connection with F.I.R. No. 356/2019, Police Station Suratgarh, District Sri Ganganagar shall be released on bail provided she furnishes a personal bond of Rs. 50,000/- (Rupees: Fifty Thousand Only) and two sureties of Rs. 25,000/- (Rupees: Twenty Five Thousand Only) each to the satisfaction of the trial Court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.