Swaroop Kumar vs State Of Rajasthan And Others

Kuldeep Mathur, J

The instant appeal under Section 14A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act has been filed by the appellant against the order dated 18.4.2023 passed by learned Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act Cases, Jodhpur Metro in Cr. Case No.131/2023, whereby the bail application filed by the appellant, who has been arrested in connection with FIR No.97/2023 registered at Police Station Shergarh, District Jodhpur Rural, for offences under Sections 365, 279, 304-A of IPC and Sections 3(1)(R)(S), 3(Wi) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, has been rejected.

Learned counsel for the appellant submitted that the appellant has been falsely implicated in the present case. Learned counsel submitted that daughter of the complainant ran away from her house with one Moti Ram. While she was on the run, she along with Moti Ram took lift from the petitioner in his Alto Car No.RJ-21-CA-1531. Unfortunately, Alto Car No. RJ-21-CA-1531 near the border of Gumansinghpura collided with a truck with registration No.RJ-04-GA-6258. The daughter of the complainant passed away in the unfortunate accident. Learned counsel submitted that allegation of abducting the daughter of the complainant levelled against the present appellant is absolutely false and far from truth. Learned counsel submitted that the appellant had only given lift to the deceased (aged about 19 years) and Moti Ram, when they were on run from their family.

Learned counsel submitted that the appellant is in judicial custody and the trial of the case will take sufficiently long time, therefore, the benefit of bail should be granted to the accused-appellant.

Per contra, learned Public Prosecutor opposed the appeal. Heard learned counsel for the appellant and learned Public

Prosecutor. Perused the material available on record.

Having considered the rival submissions, facts and circumstances of the case, without expressing any opinion on merits/demerits of the case, this Court is inclined to enlarge the appellant on bail.

Accordingly, the appeal under Section 14A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act is allowed. The order dated 18.4.2023 passed by learned Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act Cases, Jodhpur Metro in Cr. Case No.131/2023 is set aside and it is ordered that the accused-appellant- Swaroop Kumar S/o Bhanwara Ram @ Parbat Ram shall be enlarged on bail in connection with FIR No.97/2023 registered at Police Station Shergarh, District Jodhpur Rural, provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/-each to the satisfaction of the learned trial Judge for his appearance before the court concerned on all the dates of hearing as and when called upon to so.

It is however, made clear that findings recorded/observations made above are for limited purposes of adjudication of the instant appeal. The trial court shall not get prejudiced by the same.