Pankaj Kumar And Ors vs State

These criminal appeals 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') have been filed on behalf of the appellants being aggrieved with the order dated 29.07.2019 passed by the Special Judge, SC/ST (Prevention of Atrocities) Cases, Chittorgarh (hereinafter to be referred as 'trial court') in Criminal Misc. (Bail) Cases No.333/2019, 334/2019, 332/2019, 329/2019, whereby, the trial court has dismissed the bail applications filed on behalf of the appellants.

The appellants have been arrested in FIR No.51/2018 of Police Station Bhaisrogarh, Chittorgarh for the offences punishable under Sections 147, 148, 149, 364, 365, 392, 302, 201, 216 of IPC and Section 3(2)(V) of the SC/ST Act.

Learned counsel for the appellants have submitted that the police have filed charge-sheet against the appellants mainly on the basis of the statement of the complainant Mukesh who has alleged that appellants, along with other co-accused persons, had brutally assaulted him and the deceased Prabhu Lal. It is submitted that now statement of the complainant Mukesh have been recorded before the trial court as PW-11 and he has not supported the prosecution story and turned hostile. It is also submitted that Doctor (PW-12), who had conducted the postmortem of the deceased, in his court statement, has clearly stated that cause of death of deceased Prabhu Lal was Asphyxia. It is submitted that Doctor did not mention about any injury on the body of the deceased, which may be caused due to assault. It is submitted that since the complainant, who is the principal witness of the case has not supported the prosecution story and turned hostile, it would be very difficult for the prosecution to prove the guilt of the appellants.

Learned Public Prosecutor has opposed the prayer made on behalf of the appellants in these criminal appeals.

Heard learned counsel for the appellants 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 appellant under Section 14-A(2) of SC/ST Act.

Accordingly, these criminal appeals filed under Section 14-A(2) of SC/ST Act are allowed and the order dated 29.07.2019 passed by the Special Judge, SC/ST (Prevention of Atrocities) Cases, Chittorgarh (hereinafter to be referred as 'trial court') in Criminal Misc. (Bail) Cases No.333/2019, 334/2019, 332/2019, 329/2019 is set aside. It is directed that appellants Pankaj Kumar S/o Madan Lal, Jamil Hussain S/o Mubarik Khan, Arbaz Khan S/o Firoz Khan and Vimal Kumar S/o Rameshwerlal shall be released on bail in connection with FIR No.51/2018 of Police Station Bhaisrogarh, Chittorgarh provided they execute 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.