REENA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant appeal has been filed under Sec. 14(2) (A) of the SC/ST (Prevention of Atrocities) Act on behalf of the appellant, for anticipatory bail in FIR No.118/2020 registered at Police Station Suroth, District Karauli for the offences under Ss. 143, 323, 353, 221 of IPC and Ss. 3(1)(r), 3(2)(S) & 3(2)(va) of the SC/ST (Prevention of Atrocities) Act against the order dtd. 14/12/2021 passed by the Special Judge, SC/ST (Prevention of Atrocities) Cases, Karauli, whereby, the bail application preferred under Sec. 438 Cr.P.C. on behalf of the appellant was rejected.

(2.) Learned State counsel has submitted that he has served notice upon the complainant. Despite service, no one has put appearance on behalf of the complainant.

(3.) Learned counsel for the appellant submits that in the present matter, no overt act has been assigned to the appellant. Learned counsel further submits that the appellant is a lady and has no criminal antecedents. It is further submitted that the coaccused Pooja Kumari and Tannu have already been enlarged on bail under Sec. 438 Cr.P.C. by the Sessions Judge, Karauli vide order dtd. 26/10/2021. Learned counsel further submits that the case of the appellant is on similar footing to that of co-accused. Learned counsel has placed reliance on the judgments passed by the Apex Court in the cases of Hitesh Verma Vs. State of Uttarakhand (AIR 2020 Supreme Court 5584) and Prathi Raj Chauhan Vs. Union of India (AIR 2020 Supreme Court 1036). Hence, appeal of the accused-appellant may be granted. Learned State counsel has strongly opposed the appeal. Heard learned counsel for the appellant and perused the material available on record.