RANJEET Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present appeal has been filed under Section 14-A(2) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (Amendment Act, 2015) (for short "the Act of 1989"). The appellant has been arrested in connection with FIR No.267/2020 registered at Police Station Taleda, District Bundi for the offence (s) under Section(s) 143, 341, 323 & 302 of IPC and under Section 3(2)(V) of the Act of 1989 and later on the offences under Sections 147, 149, 341, 323 & 302 of IPC and under Section 3(2)(V) of the Act of 1989.

(2.) It is contended by learned counsel for the appellant that he is not named in the FIR and the eye witness Manoj, in his statement recorded under Section 161 CrPC, did not level any specific allegation against the present petitioner. He submitted that from the material on record, it is apparent that the incident occurred at the spur of moment without any premeditation. He submitted that the petitioner is in custody since 11.09.2020, charge-sheet has been filed, he has no criminal antecedents, coaccused Anil Saini has been extended benefit of bail by this Court and prayed for his release on bail.

(3.) Learned Public Prosecutor assisted by learned counsel for the complainant opposing the appeal submitted that in view of the gravity of allegation against the appellant, he does not deserve indulgence of bail.