Desh Bandhu vs State Of Rajasthan

This criminal appeal under Section 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 dated 03.06.2019 passed by the Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Cases), Jodhpur (hereinafter to be referred as 'trial court') in Anticipatory Bail Petition No.141/2018, whereby the trial court has dismissed the anticipatory bail application filed on behalf of the appellant.

The appellant apprehends his arrest in connection with FIR No.32/2019 of Police Station Bilara, District Jodhpur Rural for the offence punishable under Section 341, 323 and 354/34 IPC and Sections 3(1)(R)(S) and 3(2)(V)(A) of SC/ST Act.

Learned counsel for the appellant has submitted that the allegations levelled against the appellant of abusing the complainant with casteist remarks and outraging the modesty of a girl are false. It is submitted that as a matter of fact the Amraram and his family brought a new truck in the Karni Mata Temple of village Badi Khurd for puja early in the morning on 30.01.2019 and at that time, the appellant was passing through in front of that temple; he had simply asked Amraram and his family that they should not have brought the new truck in the campus of temple as it may destroy the plants standing there and on account of that, some altercation took place between them, thereafter the appellant left the place of incident immediately. It is submitted that later on, at the instance of Amraram and others, their servant-complainant Banshi Lal lodged a false report against the appellant and his brother. It is submitted that Amraram and others have got this false case filed against the appellant because the daughter-in-law of the appellant's brother won the election of Sarpanch against a woman of Amraram's family and on account of this political rivalry, this false FIR has been lodged. Learned counsel for the appellant has submitted that in the facts and circumstances of the case no case of any offence punishable under SC/ST Act is made out against the appellant, therefore, this criminal appeal may kindly be allowed and the appellant may kindly be granted benefit of anticipatory bail.

Learned Public Prosecutor as well as learned counsel for the complainant have opposed the prayer made on behalf of the appellant in this criminal appeal.

Heard learned counsel for the appellant as well as learned Public Prosecutor assisted by learned counsel for the complainant and also perused the material on record.

Having regard to the totality of the facts and circumstances of the case, after perusing the case diary, wherein the alleged eye witnesses of the incident have changed their statements on several occasions before the different Investigating Officers and after taking into consideration the fact that the relative of the appellant fought election against the relative of Amraram and others, without expressing any opinion on the merits of the case, I deem it just and proper to allow the appeal filed by the accused appellant under Section 14A(2) of SC/ST Act.

Accordingly, this criminal appeal filed under Section 14A(2) of SC/ST Act is allowed and the order dated 03.06.2019 passed by the Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Cases), Jodhpur in Anticipatory Bail Petition No.141/2018 is set aside. It is directed that in the event of arrest of the appellant - Desh Bandhu S/o Bhoorsingh in connection with FIR No.32/2019 of Police Station Bilara, District Jodhpur Rural he shall be enlarged on bail provided he furnishes a personal bond in a sum of Rs.50,000/- with two sound and solvent sureties of Rs.25,000/- each to the satisfaction of the concerned I.O./S.H.O. on the following conditions:-

(i) He shall make himself available for interrogation by Investigating Officer as and when required;

(ii) He shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any Police Officer;

(iii) He shall not leave India without the previous permission of the court.