[2025:RJ-JP:3612] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Appeal (Sb) No. 1100/2024 Rakesh @ Collar @ Bhaiyalal Son Of Late Shri Mardan Singh @ Pappulal, Resident Of Village Patresur, Tehsil Aaron, Police Station Aaron, District Guna M.p At Present Maternal Home Village Haiderpur Tehsil Lteri Police Station Unarsi Kalan District Vidisha (M.p) (At Present Confined In District Jail Sikar) ----Appellant Versus 1. State Of Rajasthan, Through P.p 2. Lal Singh Son Of Late Shri Roshan, Resident Of Khanpur Tehsil Baseri Police Station Sarmathura District Dholpur At Present Bheem Nagar Basti, Sarmathura Police Station Sarmathura District Dholpur ----Respondents For Appellant(s) : Mr. Yogesh Pujari For Respondent(s) : Mr. Shree Ram Dhakar, PP HON'BLE MR. JUSTICE PRAVEER BHATNAGAR Order 24/01/2025 This criminal appeal under Section 14-A 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 01.05.2024 passed by the Special Judge, Sikar in Bail Application No. 308/2024 (Sessions Case No. 44/2024) whereby the trial court has dismissed the bail application filed on behalf of the appellant. The appellant has been arrested in FIR No. 786/2023 of Police Station Udyog Nagar, District Sikar for the offences punishable under Sections 302 of IPC. It is contended by learned counsel for the appellant that entire case rest upon the circumstantial evidence and there is no [2025:RJ-JP:3612] (2 of 2) [CRLAS-1100/2024] last seen evidence that petitioner was seen with the deceased. Evidence collected by the police regarding CCTV footage is not admissible and recovery of the incriminating material from the instance of the petitioner is also doubtful. Petitioner is behind the bar since 12.12.2023 and only seven witnesses have been examined out of 22 witnesses, therefore considering the above facts, instant criminal appeal filed by the appellant may be allowed. Learned Public Prosecutor opposed the instant criminal appeal. Heard and perused the material available on the record. Entire case rest upon the circumstantial evidence. It is shown that petitioner was seen with the deceased and thereafter at the instance of petitioner recovery of blood soaked shirt was effected and stone used for causing death of deceased was also recovered. Last seen evidence is captured in the CCTV footage collected by the police during investigation, learned trial court has recorded seven witnesses out of 22 witnesses. Material witnesses are yet to be recorded including the investigating officer, therefore, considering the facts that allegation against the appellant for causing death of the deceased by inflicting injuries, I am not inclined to allow this criminal appeal filed by the accused appellant under Section 14-A(2) of SC/ST Act. Accordingly, this criminal appeal filed on behalf of the appellant under Section 14-A of SC/ST Act is rejected. Trial court is directed to decide the case expeditiously as far as as possible. (PRAVEER BHATNAGAR),J ashu /184