RAMDEV Vs. UNION OF INDIA

JUDGEMENT

(1.) These criminal appeals under Sec. 14-A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter to be referred as 'the SC/ST Act') have been filed on behalf of the appellants being aggrieved with the orders dtd. 5/10/2021 and 1/7/2020 passed by the Special Judge, SC/ST (Prevention of Atrocities) Act Cases, Merta, District Nagaur (hereinafter to be referred as 'the trial court') in Criminal Misc. Case No.168/2021 (Sessions Case No.68/2015 (133/2015) and Criminal Misc. Bail Case No.61/2020 respectively, whereby the trial court has dismissed the bail applications filed on behalf of the appellants.

(2.) The appellants have been arrested in FIR/CR No.168/2015 of Police Station Merta City, Distt. Nagaur for the offences punishable under Ss. 302, 307, 341, 436, 447, 323, 324, 325, 326, 354, 147, 148, 149 IPC and Ss. 3(1)(v)(x) and 3(2)(v) of the SC/ST Act.

(3.) Learned counsels for the appellants have submitted that the appellants have falsely been implicated in this case. It is argued that as per the prosecution story, as many as ten persons from the complainant's side were present at the time of incident and some of them had also received injuries. Learned counsels for the appellants while inviting my attention towards the statements of prosecution witnesses namely Arjun Ram, Kishna Ram, Munna Ram, Khema Ram, Sonki, Jashoda, Shobha Devi, Shrawan Ram, Bhanwari and Bidami have argued that out of the aforesaid prosecution witnesses, Arjun Ram, Khema Ram, Sonki, Jashoda, Shobha Devi, Shrawan Ram, Bhanwari and Bidami have not named the appellants. It is also argued that the above-named witnesses have been examined by the trial court as PW-1, PW-4, PW-5, PW-6, PW-7, PW-8, PW-9 and PW-10 and they have not named the appellants in their court statements.