Sanjay Sahu And Ors vs State Of Rajasthan

These criminal appeals 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’) have been filed on behalf of the appellants being aggrieved with the orders dated 27.06.2019 and 13.06.2019 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 Nos.298/2019 and 284/2019 whereby the trial court has dismissed the bail applications filed on behalf of the

appellants.

The appellants have been arrested in FIR No.118/2019 of Police Station Savina, District Udaipur for the offences punishable under Sections 302, 201

and 120-B IPC and Section 3(2)(V) of SC/ST Act.

Learned counsel for the appellants have submitted that the allegation against the appellants of committing murder of deceased Kamlesh Meena is

absolutely false. It is submitted that there is no evidence available on record to suggest that the appellants have committed crime. It is argued

submitted that during the course of investigation, the police have recorded the statements of one Vaseem Akram, who has only stated that on

28.03.2019, he saw co-accused Shaitan Singh along with Kamlesh Meena in a cafe, where Ashish Salwi, appellants viz. Ravi Rawal and Bhupendra

Dangi also joined them. Learned counsel for the appellants have submitted that simply on the basis of the said statements of Vaseem Akram, it cannot

be said that the appellants are involved in commission of crime. It is also submitted that the alleged weapon of offence has also been recovered at the

instance of co-accused Shaitan Singh. Learned counsel for the appellants have further submitted that the police have not collected any information

from appellants viz. Sanjay Sahu and Ravi Rawal, however, have collected only information from appellant Bhupendra Dangi regarding the place,

where the murder of deceased Kamlesh Meena took place. Learned counsel for the appellants have submitted that the police have filed charge-sheet

against the appellants and no further interrogation is required from them.

Learned Public Prosecutor has opposed the prayer made on behalf of the appellants in this criminal appeal.

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 accused appellants 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 orders dated 27.06.2019 and 13.06.2019 passed by

the Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Cases), Udaipur in Criminal Misc. Case Nos.298/2019 and

284/2019 are set aside. It is directed that appellants - Sanjay Sahu S/o Sukh Lal, Bhupendra Dangi S/o Govind Dangi and Ravi Rawal S/o Kodar

Rawal shall be released on bail in connection with FIR No.118/2019 of Police Station Savina, District Udaipur provided each of them 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 their

appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.