Rajesh @ Pilu Ram @ Pilu 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 03.09.2019 passed by the Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Cases), Bikaner (hereinafter to be referred as 'trial court') in Criminal Misc. Case No.1299/2019, whereby the trial court has dismissed the bail application filed on behalf of the appellant.

The appellant has been arrested in FIR No.33/2019 of Police Station Chhatargarh, District Bikaner for the offences punishable under Section 302 IPC and Section 3(2)(V) of SC/ST Act.

Learned counsel for the appellant has submitted that the allegation against the appellant of committing the murder of deceased Palaram by inflicting injury on his head is absolutely false. It is argued that the agriculture field of the appellant is adjoining to in the vicinity of the agriculture field of deceased Palaram, where he was cultivating the land and, therefore, it is not unusual that the appellant was present when deceased Palaram died. It is submitted that some of the witnesses, in their police statements, have simply stated that they saw the appellant near the field, where deceased Palaram was residing and except this no specific evidence is available on record against the appellant. It is also submitted that the charge-sheet has been filed.

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 03.09.2019 passed by the Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Cases), Bikaner in Criminal Misc. Case No.1299/2019 is set aside. It is directed that appellant - Rajesh @ Pilu Ram @ Pilu S/o Mani Ram shall be released on bail in connection with FIR No.33/2019 of Police Station Chhatargarh, District Bikaner 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.