KISHAN LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant appeal has been filed under Sec. 14-A of the Scheduled Caste/Scheduled Tribe (Prevention of Atrocities) Act Cases on behalf of the appellant, who is in custody in connection with F.I.R. No. 35/2021, Police Station Mawli, District Udaipur, registered for the offences punishable under Ss. 332, 353, 384 and 452 of the Indian Penal Code and Ss. 3(1)(R) and 3(1)(5) of the SC/ST (Prevention of Atrocities) Act against the order dtd. 10/6/2021 passed by the Special Judge, SC/ST (Prevention of Atrocities) Act Cases, Udaipur whereby, the bail application preferred under Sec. 439 Cr.P.C. on behalf of the appellant was rejected.

(2.) Learned counsel for the appellant appearing through video conferencing stated that one First Information Report (FIR) was lodged by the wife of the appellant against the complainant and in counter of that FIR, the accused-petitioner has falsely been implicated in the present case. Learned counsel further stated that as per FIR itself, incident of fight was taken place in regard to illicit relationship; that the accused-petitioner is in judicial custody for approximately one month; and that the trial will take time. With these submissions, learned counsel prayed that the benefit of bail may be granted to the accused-petitioner.

(3.) Per contra, learned Public Prosecutor opposed the appeal and release of the accused-appellant on bail. Learned Public Prosecutor further stated that three other cases are pending against the accused-appellant.