Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Raj) 2404

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
Vinit Kumar Mathur, J.
Pradeep – Appellant
Versus
State & Ors. – Respondents
S.B. Criminal Appeal No. 915 of 2021
Decided On : 14-01-2022

Advocates appeared:
Vikas Bijarnia, Advocate, Anita Gehlot, Advocate, O.M. Rajpurohit, Advocate

The credibility of evidence and the lack of credible evidence against the appellant influenced the court's decision to grant bail.

Headnote:
Lawyers - Bail Application - Enlargement on Bail
Fact of the Case:

The appellant filed an appeal under Section 14a(2) SC/ST (Prevention of atrocities) act against the rejection of his bail application by the Special Judge, SC/ST (Prevention of atrocities) Cases, Churu. The appellant was in custody in connection with FIR No. 282/2021 for various offenses.
Finding of the Court:

The court, after considering the arguments and the entirety of facts and circumstances, concluded that the appellant deserves to be enlarged on bail.
Issues: The issue revolved around the credibility of the evidence against the appellant, particularly the testimony of the prosecutrix who did not support the prosecution case and was declared hostile.
Ratio Decidendi: The court's decision was influenced by the lack of credible evidence against the appellant, especially in light of the prosecutrix not supporting the prosecution case.
Final Decision: The court allowed the appeal, set aside the impugned order, and ordered the release of the accused-appellant on bail upon fulfilling certain conditions.

JUDGMENT

Vinit Kumar Mathur, J. - Lawyers are not physically appearing in the Court in view of the unprecedented situation being faced by the country due to pandemic of novel corona virus (COVID-19).

2. The instant appeal has been filed under Section 14a(2) SC/ST (Prevention of atrocities) act on behalf of the appellant, who is in custody in connection with FIR No. 282/2021, Police Station Rajgarh, District Churu for the offences under Sections 450, 376(2)(n), 342 of I.P.C. and Section 3(2)(v) of the SC/ST (Prevention of atrocities) act against the order dated 20/09/2021 passed by the Special Judge, SC/ST (Prevention of atrocities) Cases, Churu, whereby, the bail application preferred under Section 439 Cr.P.C. on behalf of the appellant was rejected.

3. Heard. Perused the material available on record.

4. It is submitted by learned counsel for the appellant that the prosecutrix Mst.'R' who is a major lady of 30 years has appeared before the learned trial Court as PW.1. She has not supported the prosecution case, thus she has been declared hostile. He further submits that there is no evidence except the testimony of PW.1 worth credence against the appellant in this case.

5. Thus, having regard to the entirety of facts and circumstances as available on record and upon a consideration of the arguments advanced, this Court is of the opinion that the appellant deserves to be enlarged on bail.

6. Consequently, the instant appeal is allowed. The impugned order dated 20/09/2021 passed by the Special Judge, SC/ST (Prevention of atrocities) Cases, Churu set aside. It is ordered that the accused-appellant Pradeep S/o Ram Niwas arrested in connection with F.I.R. No.282/2021, Police Station Rajgarh, District Churu shall be released on bail; provided he furnishes a personal bond of Rs. 50,000/- (Rupees: Fifty Thousand Only) and two sureties of Rs. 25,000/-(Rupees: Twenty Five Thousand Only) 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.

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