Sameer vs State Of Rajasthan And Others

Kuldeep Mathur, J

This appeal has been preferred on behalf of the appellant under Section 14A(2) of the SC/ST (Prevention of Atrocities) as amended by the SC/ST (Prevention of Atrocities) Amendment Act, 2015 being aggrieved by the order dated 28.03.2023 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Bikaner in CIS No.529/2023 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 302, 323, 341, 147, 148 and 149 IPC and Sections 3(1)(r)(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. Learned counsel submitted that appellant has been implicated in the present on the basis of statement of eye witnesses Devilal as PW-2 and Bhanwar Lal as PW-1 recorded under Section 164 Cr.P.C. before the competent criminal court. Learned counsel submitted that both the eye witnesses have not supported prosecution story before the competent criminal court and have turned hostile. Learned counsel submitted that the appellant has been implicated in the present case solely on the basis of statements of eye witnesses Devilal as PW-2 and Bhanwar Lal as PW-1. Learned counsel submitted that the appellant is in custody since 22.03.2022; 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. Learned Public Prosecutor further submitted that the co-accused Jitendra Tanwar @ Jitu Mali (S.B. Criminal Appeal(Sb) No.1958/2023) and Sohil (S.B. Criminal Revision Petition No.1333/2022) have already been enlarged on bail.

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

Having considered the rival submissions, facts and circumstances of the case and after going through the statements of eye-witnesses Devilal as PW-2 and Bhanwar Lal as PW-1 recorded before the competent criminal court it is apparent that they have not supported prosecution story and have turned hostile. Thus, 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 28.03.2023 passed by learned Special Judge, SC/ST (Prevention of Atrocity) Cases, Bikaner is set aside. It is ordered that the accused-appellant Sameer S/o Abdul Rashid 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.