JYOTI RAJPUT Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal appeal under Sec. 14A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter to be referred as 'the SC/ST Act') has been filed on behalf of the appellant being aggrieved with the order dtd. 26/3/2019 passed by the Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Case), Sri Ganganagar (hereinafter to be referred as 'trial court') in Criminal Misc. Case No. 68/2019, whereby the trial court has dismissed the bail application filed on behalf of the appellant.

(2.) The appellant has been arrested in FIR No. 396/2018 of Police Station Nai Mandi Gharsana, District Sri Ganganagar for the offences punishable under Ss. 304 and 201 IPC and Sec. 3(2)(v) of SC/ST Act.

(3.) Learned counsel for the appellant has submitted that the appellant has falsely been implicated in this case. It is argued that as a matter of fact on 21/12/2018, a complaint was lodged by the father of the deceased at Police Station Gharsana, District Sri Ganganagar alleging that some unknown persons have administered poisonous injection to his son and on account of that his son died. It is submitted that later on, on 25/12/2018, the brother of the deceased lodged a complaint and alleged that on the day of the incident some persons saw the appellant along with deceased and, therefore, investigation be conducted regarding role of the appellant. Learned counsel for the appellant has argued that the appellant has been made accused only on the basis of a doubt as no definite evidence regarding presence of appellant on the scene of crime has been collected by the police. Learned counsel for the appellant has also argued that the witnesses viz. Kan Singh and Tarsem Singh have not named the appellant and have simply said that they saw a girl about five feet height near the car of deceased on the day of incident, however, only one witness Shrawan Kumar gave statement of this effect that on 20/12/2018, he saw the appellant at 02:30 PM along with the deceased in an agriculture field of Lalaram Bawari but the said statement has been recorded after around 25 days' of the incident. It is also submitted that the appellant is in judicial custody since long and charge-sheet has already been filed.