Dharamveer vs State Of Rajasthan And Others

Dinesh Mehta, J

The present appeal has been filed by the appellant under Section 14-A(2) of the SC and ST (Prevention of Atrocities) Act, 1989 in connection with FIR No.250/2023, registered at Police Station Raipur, District Bhilwara for the offence under sections 365, 341, 323, 302, 201, 34 & 120-B of the Indian Penal Code, 1860 and Sections 3(1)(r), 3(1)(s) & 3(2)(v) of the SC/ST (Prevention of Atrocities) Act, 1989.

Learned counsel for the appellant submitted that the applicant has unnecessarily been implicated in the present case simply because the principal accused have stayed at his residence in Bombay.

Learned Public Prosecutor and learned counsel for the complainant vehemently opposed the present appeal while contending that the appellant is guilty of aiding the principal accused for allowing him to stay at his residence.

Having heard learned counsel for the parties and upon perusal of the record, this Court is of the view that simply because the appellant has permitted the principal accused to reside at his residence, it cannot be said that he has intentinally harbored them and in this guilty of offence punishable under Section 201/212 of the Indian Penal Code, 1860.

A person cannot be brought to book simply for allowing an acquaintance to stay at his residence. Unless the persons who have been given shelter had committed an offence and the Police can bring on record the fact that such person giving shelter either had knowledge or had reason to believe that an offence has been committed, the person giving shelter cannot be accused of offence punishable under Section 212 of the Indian Penal Code, 1860.

As a discussion foregoing, this Court deems it just and appropriate to enlarge the present appellant on bail.

The present appeal is allowed. It is ordered that appellant Dharamveer S/o Shri Chotulal arrested in connection with FIR No.250/2023, registered at Police Station Raipur, District Bhilwara shall be released on bail on his furnishing personal bond in the sum of Rs.50,000/- and two sureties of Rs.25,000/- each to the satisfaction of the learned trial Court.

Appellant shall be required to appear before the trial Court on all dates of hearing and as and when called upon to do so.

Needless to mention that the above observations made by this Court are on the basis of material so far produced before the Court. These are only prima-facie observations and the same shall, however, not come in the way of the trial Court to take an independent view of the matter, based on ocular and oral evidence, while finally deciding the case.