Prem Shanker vs State of Rajasthan through Public Prosecutor

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 10.01.2020 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. Case No.61/2019 (CIS No.05/20), whereby the trial court has dismissed the bail application filed on behalf of the appellant.

The appellant has been arrested in FIR No.115/2019 of Police Station Sayara, District Udaipur for the offences punishable under Sections 307, 341, 323, 324 and 326 IPC and Section 3(2)(V) of SC/ST Act.

Learned counsel for the appellant has submitted that the charge-sheet has been filed against the appellant by the police while relying on the statements of complainant - Kanchan Bai as well as injured - Deva Ram, wherein they have alleged that the appellant stabbed into the stomach of injured - Deva Ram. It is also submitted that now the statements of complainant-Kanchan Bai and injured - Deva Ram have been recorded before the trial court as PW-5 and PW-2 respectively, wherein they have not supported the prosecution story and turned hostile. It is submitted that both the above named witnesses have specifically stated that they do not know as to who stabbed into the stomach of injured Deva Ram. It is also submitted that in view of the fact that the complainant as well as injured have not supported the prosecution story and turned hostile and have not levelled allegation of inflicting knife injury against the appellant, it would be very difficult for the prosecution to prove the guilt of the appellant.

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 10.01.2020 passed by the Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Cases), Udaipur in Criminal Misc. Case No.61/2019 (CIS No.05/20) is set aside. It is directed that appellant - Prem Shanker S/o Chaman Lal Nagda shall be released on bail in connection with FIR No.115/2019 of Police Station Sayara, 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.