IMPORTANT POINT
The court granted bail due to insufficient evidence linking the appellants to the cause of death and lack of motive.

JUDGMENT :

KULDEEP MATHUR, J.

1. These instant appeals under Section 14A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act have been filed by the appellants against the order dated 15.6.2024 passed by learned Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act Cases, Chittorgarh in Cr. Misc. Case No. 130/2024, whereby the bail application filed by the appellants, who have been arrested in connection with FIR No. 101/2024 registered at Police Station Parsoli, District Chittorgarh, for offences under Sections 341, 342 and 302/34 of IPC and Section 3(2)(v) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, has been rejected.

2. Learned counsel for the appellants submitted that as per prosecution, the deceased – Lokesh died due to the injuries inflicted upon him by the present appellants. Drawing attention of the Court towards the post mortem report of the deceased, learned counsel submitted that as per the post mortem report dated 06.06.2024, the cause of death of the deceased was cardiac arrest, which is sufficient to cause death in the ordinary course of nature. Further, the SHO PS Begun, on 11.6.2024, requested the Medical Jurist CHC Parsoli to give specific opinion as to whether the injuries inflicted upon the deceased by present appellants were sufficient to cause his death or not. In response thereof, it was informed by the Medical Jurist CHC Parsoli that the injuries caused to the deceased had no direct relation with the cardiac arrest which is the cause of death of the deceased.

3. Lastly, learned counsel submitted that the appellants are in judicial custody, investigation against them has already been completed and the trial of the case will take sufficiently long time, therefore, the benefit of bail should be granted to the accused-appellants.

4. Per Contra, learned Public Prosecutor has opposed the prayer for bail.

5. Heard learned counsel for the appellants, learned Public Prosecutor. Perused the material available on record.

6. The opinion dated 06.06.2024 expressed by the Medical Board which conducted post mortem of the body of the deceased reads as under:

“On pre examination of body of Lokesh S/o Rohit urf Kalu, Male, Kanjal, 27 yr, R/o Mandawari, P.S. Begun, the cause of death is cardiac arrest which is sufficient to cause death in ordinary course of nature.”

7. The reply to the communication dated 11.6.2024 issued from the office of SHO PS Begun to the Medical Jurist, CHC Parsoli reads as under:

^^e`rd ds vkbZ pksVsa e`R;q Hkkfjr ugha FkhA mDr pksVksa dk cardiac arrest ls lh/kk laca/k ugha gSA**

8. Having considered the rival submissions, facts and circumstances of the case so also the challan papers, this Court prima facie finds that the medical board has not found the injuries sustained by the deceased sufficient to cause death in ordinary course of nature. This Court also prima facie finds that there is nothing on record to indicate that the appellants had a motive to commit the alleged crime or at the time when the incident occurred, injuries were inflicted upon the deceased with a predetermined manner. This Court also prima facie finds that the prosecution has not shown any apprehension of appellants’ influencing the material prosecution witnesses of the case or fleeing away from justice, in case they are enlarged on bail. Thus, without expressing any opinion on merits/demerits of the case, this Court is of the opinion that the appellants deserve to be enlarged on bail.

9. Accordingly, these appeals under Section 14A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act are allowed. The order dated 15.6.2024 passed by learned Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act Cases, Chittorgarh is set aside and it is ordered that the accused-appellants- (i) Kailash S/o Sh. Kanhaiyalal Dhakad, (ii) Ashok S/o Sh. Shankar Lal Dhakad, (iii) Mukesh Kumar S/o Shvilal Dhakad and (iv) Labh