Reshmi vs State And Ors

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 1.8.2019 passed by the Special Judge, SC/ST (Prevention of Atrocities) Cases, Jodhpur (hereinafter to be referred as 'trial court') in Criminal Misc. Case No.208/2019 whereby the trial court has dismissed the bail application filed on behalf of the appellant.

The appellant has been arrested in FIR No.70/2019 of P.S. Balesar, District Jodhpur for the offences punishable under Sections 302/120-B I.P.C. and Section 4/25 of Arms Act and Section 3(2)(Va) of SC/ST Act.

Learned counsel for the appellant has submitted that in charge-sheet, the police have concluded that the appellant Reshmi was having illicit relation with one Bhura Ram, and complainant Mohan Ram, who happened to be the brother of the deceased, had objected to their relationship, then the appellant Reshmi hatched conspiracy with co-accused Bhura Ram and provided him sword by which the co-accused Bhura Ram had committed murder of the deceased Girdhari Ram. Learned counsel for the appellant has submitted that from the statements of complainant Mohan Ram, brother of the deceased, it is clear that he has not stated that he had ever objected the alleged illicit relationship of appellant Reshmi with co-accused Bhura Ram. The complainant, in his statements, has not even named the appellant and has simply stated that he and his brother were having inimical relations with one Ashok and co-accused Bhura Ram and either of them had entered into the house of deceased Girdhari Ram and committed his murder. Learned counsel for the appellant has, therefore, submitted that the prosecution story against the appellant Reshmi has no basis and the police have filed charge-sheet against her on the basis of surmises and conjectures. Learned counsel for the petitioner has submitted that the appellant is in judicial custody and trial of the case will take time.

Learned Public Prosecutor has 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 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 allow the appeal filed by the accused 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 1.8.2019 passed by the Special Judge, SC/ST (Prevention of Atrocities) Cases, Jodhpur in Criminal Misc. Case No.208/2019 is set aside. It is directed that appellant - Reshmi W/o Sukha Ram shall be released on bail in connection with FIR No.70/2019 of P.S. Balesar, District Jodhpur provided he executes 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 learned trial court for his appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.