Nagma Khan vs State Of Rajasthan And Ors

This criminal appeal under Section 14(A)(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 31.08.2019 passed by the Special Judge, SC/ST (Prevention of Atrocities) Cases, Jodhpur (hereinafter to be referred as 'trial court') in Criminal Misc. Case No.246/2019 whereby, the trial court has dismissed the anticipatory bail application filed on behalf of the appellant.

The appellant apprehends her arrest in connection with FIR No.97/2019 of Police Station Rajiv Gandhi Nagar, Jodhpur for the offences punishable under Sections 3(1)(D), 3(1)(S), 3(2)(5A) of the SC/ST Act.

Learned counsel for the appellant has submitted that allegation of abusing the complainant and her daughter-in-law with castiest remarks is absolutely false. It is further submitted that as a matter of fact, some altercation took place between the appellant and the complainant and at that time, the police were called and both the parties were bound-down by the police under Sections 107 and 151 Cr.P.C. It is submitted that the police recorded statements of the witnesses, wherein, they had simply stated that an altercation took place between the parties, but nobody confirmed that the appellant abused the complainant or her daughter-in-law with castiest remarks.

Learned Public Prosecutor has opposed the criminal appeal. Heard learned counsel for the appellant as well as learned Public Prosecutor and also perused the material on record.

Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, I deem it just and proper to grant anticipatory bail to the appellant under Section 14(A)(2) of SC/ST Act.

Accordingly, this criminal appeal filed under Section 14(A)(2) of SC/ST Act is allowed and the order dated 31.08.2019 passed by the trial court in Criminal Misc. Case No.246/2019 is set aside and it is directed that in the event of arrest of appellant -Nagma Khan D/o A.J. Khan in connection with FIR No.97/2019 of Police Station Rajiv Gandhi Nagar, Jodhpur, she shall be enlarged on bail provided she 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/She/They shall make himself/herself/themselves available for interrogation by Investigating Officer as and when required;

(ii) He/She/They 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/She/They shall not leave India without the previous permission of the court.