Order

04/03/2025

1. The instant appeal has been filed under Section 14-A SC/ST Act on behalf of the appellant, who is in custody in connection with FIR No.213/2023, Police Station Loonkaransar, District Bikaner for the offences under Sections 302, 504, 506, 341 & 34 of IPC and Sections 3(1)(R), 3(1)(S), 3(2)(V) & 3 (2)(VA) of the SC/ST Act being aggrieved by the order dated 16.10.2024 passed by the learned Special Judge SC/ST Act (Prevention of Atrocity) Cases and Additional District and Session Judge, Biakner in CIS No.1859/2024 whereby the application under Section 439 of the Cr.P.C. has been rejected by the trial Court.

2. The SHO had informed through a written notice to the victim of the case regarding hearing of the bail plea. Despite due service no one appeared on behalf of the private respondent, thus, it can can be presumed that she is not interested to make a protest.

3. It is submitted by learned counsel for the appellant that the appellant has falsely been implicated in the present case and he has nothing to do with the alleged offences. Expeditious culmination of trial is not a seeming fate and no fruitful purpose would be served by keeping the appellant behind the bars. He, therefore, prays that benefit of bail may be granted to the appellant.

4. Per contra, learned learned Public Prosecutor has opposed the submissions made by the learned counsel for the appellant.

5. Heard learned counsel for the appellant, learned Public Prosecutor and perused the material available on record.

6. The petitioner was arrested on 22.08.2023 and still the trial has not been commenced. There are as many as 25 witnesses projected in the list of prosecution and it can be assumed that culmination of the trial in a new near future is in not seeming fate.

7. A perusal of the charge-sheet No.1 dated 04.11.2023 revealing that the deceased used to remain in an inebriated condition throughout the day. He was notorious for using filthy language throughout the day to any person of the vicinity. It is reported in the charge-sheet that whenever any person tried to stop him or to rebuke him for not using abusive language or make interference in the peaceful life of the neighbourers, he used to drive abuses on that person. On 20.8.2023, the deceased was having liquor and making conversation on mobile phone in a very loud voice and so also using the language which was interrupting the peace of the neighbourers. When some people including the petitioner made a request to him for not doing so, he started fighting with them. In these circumstances, the neighbourer made a call for police assistance making his complain for detaining him upon which the deceased jumped from the terrace to the house of one Nizamuddin Mirasi and thereafter hid himself behind the bushes. The neighbourers were searching for him where scuffle took place in which he received injury and then succumbed to death. Primer facie, it is not revealing that the petitioner was having intent to either kill the victim or to cause serious injuries to him. It was an unfortunate incident though this Court is not approving the act of the accused and taking law in their hands in thrashing the deceased but at the same time, the mens rea as well as the period of custody undergone till now cannot be ignored. Just with a view to examine the nature of injuries so as to find out brutality in causing injuries, I have also gone through the postmortem report dated 20.08.2023 and find nothing adverse which may hinder the course of bail to the petitioner after a long custody, and thus, it would not be justifiable to keep the appellant behind the bars looking to the fact that early culmination of the trial is not a seeming fate. In this background and considering the totality of the facts and circumstances of the case, this Court is of the opinion that the appellant deserves to be enlarged on bail.

8. Consequently, the instant appeal is allowed. The impugned order is set aside. It is ordered that the accused-appel