Tama @ Taku Bai 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 28.06.2019 passed by the Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Cases, Chittorgarh (hereinafter to be referred as 'trial court') in Criminal Misc. Case No.284/2019, whereby the trial court has dismissed the bail application filed on behalf of the appellant.

The appellant has been arrested in FIR No.117/2019 of Police Station Badi Sadari, District Chittorgarh for the offences punishable under Section 306 IPC and Section 3(2)(v) of SC/ST Act.

Learned counsel for the appellant has submitted that the allegation against the appellant is to the effect that she was in illicit relationship with one Ruplal and on account of that her husband committed suicide is absolutely false. It is submitted that no concrete evidence is collected by the police to conclude that the appellant was in illicit relationship with co-accused Ruplal and on account of that her husband committed suicide. It is submitted that the appellant is in judicial custody and interrogation from her is over.

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 28.06.2019 passed by the Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Cases, Chittorgarh in Criminal Misc. Case No.284/2019 is set aside. It is directed that appellant - Smt. Tama @ Taku Bai W/o Udai Singh shall be released on bail in connection with FIR No.117/2019 of Police Station Badi Sadari, District Chittorgarh provided she 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 her appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.