MUKESH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the appellant and learned public prosecutor. Perused the material available on record.

(2.) The instant appeal has been filed under Section 14A (2) Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act on behalf of the appellant, who is in custody in connection with FIR No.101/2020, Police Station Mawli, Distt. Udaipur for the offences under Sections 323, 458 IPC and Section 3(1)(R)(S), 3(2)(va) of SC/ST (Prevention of Atrocities) Act, against the order dated 17.08.2020 passed by the learned Special Judge SC/ST (Prevention of Atrocities) Cases, Udaipur in Criminal Misc. (Bail) Case No.121/2020, whereby, the bail application preferred on behalf of the appellant under Section 439 Cr.P.C. was rejected.

(3.) Counsel for the appellant submits that the appellant has not committed the offences as alleged against him and he is/are innocent. The learned court below has grossly erred in law and facts as well as well in declining to release the appellant on bail. Learned Public Prosecutor has opposed the prayer for bail. Having regard to the entirety of facts and circumstances of the case and upon a consideration of the arguments advanced at the bar, this Court is of the opinion that the order rejecting the application for bail filed on behalf of the appellant, cannot be sustained and deserves to be set aside.