HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Appeal (Sb) No. 2146/2024 Nandlal S/o Bherulal, Aged About 45 Years, R/o Mandipada In Back Of Ganesh Mandir, Borkheda P.s. Borkheda, Kota Presently Sai Nagari Colony, Near Tather Kethun (At Present In Jail At Kota) ----Appellant Versus 1. State Of Rajasthan, Through Public Prosecutor 2. Lalita W/o Ramraj, R/o Sai Nagri Colony, Jhalipura, Tathed, Kethun Kota ----Respondents For Appellant(s) : Mr. Sajid Ali For Respondent(s) : Mr. S.R. Dhakar, PP HON'BLE MR. JUSTICE PRAVEER BHATNAGAR Order 22/01/2025 1. The instant appeal has been filed under Section 14A(2) SC/ST (Prevention of Atrocities) Act, 1989 on behalf of the appellant, who is in custody in connection with FIR No.168/2024 dated 27.04.2024 registered at Police Station Kethun, District Kota Rural for the offences under Section 143, 323 and 302 of IPC and Sections 3(2)(va) and 3(v) of SC/ST (Prevention of Atrocities) Act against the order dated 02.08.2024 passed by the learned Special Judge, SC/ST (Prevention of Atrocity) Cases, Kota whereby, the bail application preferred under Section 439 Cr.P.C. on behalf of the appellant was rejected. 2. Learned counsel for the appellant submits that the appellant has falsely been implicated for the offences under Sections 341, (2 of 3) [CRLAS-2146/2024] 323, 302 read with Section 34 and 120B of IPC and Sections 3(2) (v) and 3(2)(va) of SC/ST (Prevention of Atrocities) Act. Counsel for the accused-appellant further submits that the main eye- witness Jitu in his statement rendered under Section 164 Cr.P.C. has clearly stated the name of the assailants who committed the offence, in which the name of the appellant is not mentioned by the eye-witness Jitu. It is also contended that the present case is of over implication and in the FIR wife of the deceased Lalita has named 6 persons for assaulting the deceased Ramraj, whereas the police after investigation, did not find commission of offence by the other persons namely Gaytri Bai, Rajesh Bai and Manju Bai. It is also contended that in the investigation Lalita, Muskan and Tanu have shown themselves as an eye-witnesses and stated that the accused-appellant was present on sight with the other co-accused namely Rakesh and Bhagwan to kill the deceased. It is also contended that the allegations of causing murder of the deceased is against the other co-accused Rakesh and Bhagwan, and the eye-witness in his statement has not uttered a single word about the presence of the accused-appellant at the place of occurence. It is further submitted that accused-appellant is in custody since 29.04.2024 and trial/investigation of the case may take considerable time, therefore, the appeal of accused-appellant may be allowed. 3. Learned Public Prosecutor has vehemently opposed the arguments advanced on behalf of the appellant. 5. Heard and perused the material available on record. (3 of 3) [CRLAS-2146/2024] 6. Considering the fact that the main allegation of causing death of the deceased Ramraj is against the other co-accused Rakesh and Bhagwan and eye-witness Jitu in his statement recorded under Section 164 Cr.P.C., has not stated the presence of the accused-appellant at the place of occurrence and only stated that the other co-accused Rakesh and Bhagwan were assaulting the deceased, therefore, considering the above facts, without further commenting anything on the merits of the case, I deem it just and proper to allow the appeal. 7. Consequently, the instant appeal is allowed. The impugned order dated 02.08.2024 passed by the learned Special Judge, SC/ST (Prevention of Atrocity Cases), Kota is set aside. It is ordered that the accused-appellant Nandlal S/o Bherulal, who is in custody in connection with FIR No.168/2024 dated 27.04.2024 registered at Police Station Kethun, District Kota Rural, shall be released on bail; provided he furnishes a personal bond in the sum 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. (PRAVEER BHATNAGAR),J DEEPA RANI -186