Ramchandra 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 15.09.2023 passed by learned Special Judge, SC/ST (Prevention of Atrocity) Cases, Merta in Cr. Misc. Case No.175/2023 rejecting the bail application preferred on behalf of the appellant who is in custody in connection with FIR No.23/2022, Police Station Padu Kalla, District Nagaur, for the offences under Sections 302, 201/34 and 120 IPC and Section 3(2)(V)(Va) of the SC/ST Act.

Learned counsel for the appellant submitted that the appellant who is in custody since 03.02.2022, has been falsely roped in the present case. Learned counsel submitted that the appellant has been implicated as an accused in the present case solely on the basis of statements of last seen witness Punaram who had allegedly last seen the deceased in company of the present petitioner. Learned counsel submitted that statements of last seen witness Punaram (PW-6) have been recorded before competent criminal court.

Drawing attention of the Court towards the statements of the Punaram (PW-6), learned counsel submitted that the said witness has not supported the prosecution story during his court statements and has turned hostile. It was further urged that co-accused Manju Devi (S.B. Cr. Misc. Bail Application No.8387/2023) who was allegedly in contact with the petitioner through mobile phone and had played an active role in commission of the alleged crime, has already been enlarged on bail by this Court vide order dated 20.07.2023. It was urged that no recovery has been made at the instance of the present petitioner except of a mobile phone owned by him through which he was in contact with co-accused Manju Devi.

Lastly, learned counsel submitted that the petitioner is in judicial custody; 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 vehemently opposed the bail application. However, he was not in position to refute the fact that statements of last seen witness Punaram (PW-6) have been recorded before the competent criminal court who has not supported the prosecution story. He was also not in position to refute the fact that co-accused Manju Devi has also been enlarged on bail by this Court vide order dated 20.07.2023.

Having considered the rival submissions, facts and circumstances of the case so also the fact that the last seen witness Punaram (PW-6), during his court statements, has not supported the prosecution story and co-accused Manju Devi has also been enlarged on bail by this Court, 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 15.09.2023 passed by learned Special Judge, SC/ST (Prevention of Atrocity) Cases, Merta is set aside. It is ordered that the accused-appellant Ramchandra S/o Heera Ram arrested in connection with FIR No.23/2022, Police Station Padu Kalla, District Nagaur 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.