The presence of an accused at a crime scene does not establish guilt without specific allegations of their actions, warranting bail in lengthy trials.

Order :

(KULDEEP MATHUR, J.)

The instant appeal has been filed under Section 14A SC/ST (Prevention of Atrocities) Act on behalf of the appellant, who is in custody in connection with F.I.R. No.15/2023 registered at Police Station Girab, District Barmer, for the offences under 341, 323 and 302/34 of IPC and Sections 3(1)(r)(s), 3(2)(v) and 3(2)(v)(a) of the SC and ST (Prevention of Atrocities) Act against the order dated 26.11.2024 passed by the learned Special Judge Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act Cases, Barmer whereby, the bail application preferred under Section 439 Cr.P.C. on behalf of the appellant was rejected.

2. As per the prosecution, the complainant- Indra ram submitted a written complaint on 13.04.2023 at Police Station Girab, District Barmer, stating inter alia that on 12.04.2023, at about 07:30 am, his father Kojaram and his younger sisters Kumari Mamta and Jhammu had gone to the fields for grazing their goats. Upon seeing the complainant’s father- Kojaram, Narendra Singh S/o Gulab Singh, Ravinder Singh S/o Ram Singh, Raipal Singh S/o Dal Singh (appellant), Gulab Singh S/o Shri Dal Singh, Devi Singh S/o Dhan Singh, Mahendra Singh (Pappu Singh) S/o Jai Singh, Mahendra Singh S/o Nakhat Singh came around and attacked him with sharp and blunt weapons, with an intention of killing him. When Kumari Mamta and Jhammu saw their father being beaten up, they started screaming for help to rescue him. The accused persons whereupon slapped them as well and held them by the hair.

3. In the FIR, it was further alleged that at the time when the above named persons were beating Kojaram, other persons armed with blunt weapons namely Vikram Singh S/o Sadhu Singh, Khinw Singh S/o Jai Singh, Bihari Singh S/o Nakhat Singh, Jograj Singh S/o Devi Singh, Sadhu Singh S/o Sagat Singh, Sawai Singh S/o Kesar Singh, Nakhat Singh S/o Prabhudan Singh, Ram Singh S/o Kumbh Singh and Smt. Dev Kanwar W/o Shri Gulab Singh were standing near the pond and were provoking them to commit the alleged crime by saying not to leave Kojaram alive.

4. As per the prosecution, Kojaram succumbed to the injuries caused to him by the above named co-accused persons.

5. Learned counsel for the appellant contended that the appellant has been falsely implicated in the present case. Drawing attention of the Court towards the charge-sheet, learned counsel submitted that though 16 persons have been named in the FIR by the complainant but the police after conducting a thorough investigation has not found the contents of the FIR and the statements of Kumari Mamta and Jhammu recorded under Section 161 Cr.P.C. to be the correct narrations of the events which had taken place in the present case. The investigating agency has filed the charge-sheet against only three persons namely Narendra Singh, Ravinder Singh and Raipal Singh i.e. the present appellant.

6. Drawing attention of the Court towards the statements of eye- witnesses of the alleged incident namely Kumari Mamta and Jhammu recorded before the competent criminal Court as PW-10 and PW-11 respectively, learned counsel contended that these witnesses being the daughters of the deceased have deposed an exaggerated version of the alleged incident. Learned counsel submitted that PW-10 and PW-11 during their cross-examination have also named Mahendra Singh S/o Jai Singh, Gulab Singh, Devi Singh, Mahendra Singh S/o Nakhat Singh, Ravinder Singh, Narendra Singh as the persons who had caused multiple injuries to the deceased with blunt/sharp weapons. Learned counsel submitted that a bare perusal of the statements of the eyewitnesses PW-10 and PW-11 would indicate that though prima facie the presence of the appellant has been established at the place of incident by the eye-witnesses, but no specific overt act in the alleged incident has been assigned to him. On the contrary, most of the persons who according to eye-witnesses had played an active role in the commission of the alleged crime or had beaten the de