Jitendra Tanwar @ Jitu Mali vs State Of Rajasthan And Others

Kuldeep Mathur, J

Heard learned counsel representing the appellant and learned Public Prosecutor. Perused the material available on record.

This appeal has been preferred on behalf of the appellant under Section 14A(2) of the SC/ST (Prevention of Atrocities)

Amendment Act 2015 being aggrieved by the order dated 27.07.2023 passed by learned Special Judge, SC/ST (Prevention of Atrocity) Cases, Bikaner in Cr. Misc. Case No.1432/2023 rejecting the bail application preferred on behalf of the appellant who is in custody in connection with FIR No.156/2022, Police Station Nayashahar, District Bikaner, for the offences under Sections 323, 341, 147, 148 and 149 IPC and Sections 3(1)(r), 3(1)(s) and 3(2)(va) of the SC/ST Act.

Learned counsel for the appellant submitted that the appellant has not been named in the FIR. Drawing attention of the Court towards the statements of the eye-witnesses Devilal and Bhanwar Lal recorded under Section 161 Cr.P.C., learned counsel submitted that both the eye-witnesses have not named the present appellant. Learned counsel submitted that the appellant has been implicated in the present case solely on the basis of statements of co-accused Sameer. Lastly, learned counsel submitted that no recovery has been effected from the present appellant whereas recoveries of weapons allegedly used in commission of crime have been effected from other co-accused persons. Learned counsel submitted that the appellant is in custody since 19.04.2023; challan has already been filed and the trial of the case is likely to consume sufficiently long time. On these grounds, he implored the Court to enlarge the appellant on bail.

Learned Public Prosecutor has vehemently opposed the bail application. However, he was not in position to refute the fact that neither the appellant has been named in the FIR nor has he been named by the eye-witnesses in commission of the crime.

Having considered the rival submissions, facts and circumstances of the case and after going through the statements of eye-witnesses Devilal and Bhanwar Lal recorded under Section 161 Cr.P.C., without expressing any opinion on merits/demerits of the case, this Court is of the opinion that the appellant is entitled to be released on bail.

Consequently, the appeal is allowed. The order dated 27.07.2023 passed by learned Special Judge, SC/ST (Prevention of Atrocity) Cases, Bikaner is set aside. It is ordered that the accused-appellant Jitendra Tanwar @ Jitu Mali S/o Bhanwar Lal Mali arrested in connection with FIR No.156/2022, Police Station Nayashahar, District Bikaner shall be released on bail during pendency of the trial; provided he furnishes personal bond of Rs.50,000/- and two surety bonds of Rs.25,000/- each to the satisfaction of the learned trial court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.