The court emphasized that prolonged detention without substantial evidence serves no purpose, warranting bail for the accused.

ORDER :

Farjand Ali, J.

These appeals have been filed under Section 14A SC/ST (Prevention of Atrocities) Act on behalf of the appellants, who are in custody in connection with FIR No.80/2024 registered at the Police Station Rashmi, District Chittorgarh for the offences under Sections 147, 148, 149, 341, 323, 336, 302, 153A and 295A of the IPC and sections 3(1)(r) (s) of the SC/ST Act, being aggrieved by the orders dated 09.04.2024 passed by the learned Special Judge, SC/ST (Prevention of Atrocities) Act Cases, Chittorgarh, whereby the applications under Section 439 of the Cr.P.C. filed on behalf of the appellants have been rejected by the trial Court.

2. It is submitted by learned counsel for the appellants that the appellants have falsely been implicated in the present case and they have nothing to do with the alleged offences it is submitted that the deceased had received no injuries and the cause of death was heart attack. None of the alleged acts brings the case within the purview of the provisions of the SC/ST Act. The appellants are behind the bars since long. Expeditious culmination of trial is not a seeming fate and no fruitful purpose would be served by keeping them behind the bars. They, therefore, pray that benefit of bail may be granted to the appellants.

3. Per contra, learned learned Public Prosecutor as well as the learned counsel for the complainant have opposed the submissions made by the learned counsel for the appellants. They submit that the appellants alongwith other accused made assault on a peaceful procession with dangerous weapons in a pre-mediated manner. One person died in the incident. Thus, looking to the seriousness of the offences, the appellants do not deserve the benefit of bail.

4. Heard learned counsel for the appellants, learned Public Prosecutor, learned counsel for the complainant and perused the case diary.

5. Prima facie it is revealing that on 19.03.2024 at 09.30 p.m. a religious procession of a particular community was going on and on the way, a clash erupted between them and the people of other community. It was a case of affray or may be a case of hurting of religious sentiments, but it is not discernible as to who among the large number of mob was responsible for eruption of affray. At the same time, it is also not ascertainable that who caused injuries to the members of the other party. There is no religion of a mob. When a large group of people is alleged to have committed an offence, it becomes very tedious task to make separation between the innocent and the real culprits. Generally when some noise is erupted in a crowed area, several persons gather there, some out of curiosity and some out of fear and some people may presumably come to see what exactly is going on. In such a chaotic situation, some times the real culprits make their escape good, whereas the mere onlookers may be booked. At this stage, it would be unsafe to make any comment regarding the culpability of the appellants. It is highly debatable whether the penal provisions of the SC/ST Act would attract or not and the same would be subject-matter of the trial.

6. I have perused the postmortem report of deceased Shyam Lal Chheepa available on the case diary and it is not revealing any internal or external injuries except one simple abrasion of 1.5 cm. x 0.5 cm. on right knee and the opinion for which is given as simple blunt. Any prudent person can presume that the same could not be the cause of death since no blood was oozing out. There is no opinion of the medical board regarding the cause of death. The viscera of the deceased have been preserved and sent for chemical examination. Probably the cause of death was heart attack or Myocardial infarction.

7. This Court has elaborately dealt with the bail jurisprudence and has passed a detailed order in Dharmendra v. State of Rajasthan (S.B. Criminal Miscellaneous Bail Application No.11530/2023) vide order dated 07.10.2023, the relevant part of the said order is reproduced herei