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 01.12.2023 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Sirohi in Cr. Misc. Case
No.739/2023 (CIS No.739/2023) rejecting the bail application preferred on behalf of the appellant who is in custody in connection with FIR
No.326/2022, Police Station Sirohi Kotwali, District Sirohi, for the offences under Sections 302/34, 460/34 and 120B IPC and Section 3(2)(v) 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 the appellant had no
motive to commit the alleged offence. It was urged that the allegation against the appellant is of providing a knife to the main accused persons who
had murdered one Ramesh. Learned counsel submitted that the appellant had no knowledge about the intention of the main accused persons of
committing the murder of Ramesh with the knife allegedly provided by him. Learned counsel further submitted that specific allegations of inflicting
fatal injuries upon the deceased have been levelled by the complainant against Manoj and Shrawan.
Lastly, it was submitted that the statements of the complainant have already been recorded before the competent criminal court and now, there is no
apprehension of the appellant influencing the complainant/star prosecution witnesses of the incident. The appellant is in custody 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.
Having considered the rival submissions, facts and circumstances of the case, this Court prima facie finds that the specific allegation of committing
murder of Ramesh has been levelled against main accused persons namely Manoj and Shrawan. This Court also do not find any evidence available on
record indicating that the appellant had any knowledge about intention of the main accused persons Manoj and Shrawan of committing the murder of
the deceased Ramesh.
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 01.12.2023 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Sirohi is
set aside. It is ordered that the accused-appellant Ratan Dewasi S/o Thana Ram Ji arrested in connection with FIR No.326/2022, Police Station Sirohi
Kotwali, District Sirohi 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.
