KAKA SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant appeal has been filed under Sec. 14-A(2) SC/ST (Prevention of Atrocities) Act on behalf of the appellant, who is in custody in connection with F.I.R. No. 612/2019 registered at Police Station Sangaira, Hanumangarh for the offences under Ss. 302/34 IPC and Sec. 3(2)(V) of the SC/ST (Prevention of Atrocities) Act against the order dtd. 11/11/2021 passed by the Special Judge, SC/ST (Prevention of Atrocities Act), Hanumangarh whereby, the bail application preferred under Sec. 439 Cr.P.C. on behalf of the appellant was rejected.

(2.) Learned counsel for the appellant submits that co-accused Jora Singh has been enlarged on bail by this Court in S.B. Cr. Appeal No. 1071/2021 on 10/12/2021. Previous to it, bail application of another co-accused Binder Singh was allowed by the co-ordinate Bench of this Court in S.B. Cr. Appeal No. 868/2021 on 8/11/2021 on the ground star witnesses having turned hostile. Learned counsel for the appellant submits that the case of the present appellant stands on the same footing. During trial, Jasvindra Singh and Dula Ram have turned hostile. In the above, circumstances, learned counsel for the appellant prays that the appeal filed by the appellant deserves to be allowed.

(3.) On the contrary, learned Public Prosecutor has opposed the appeal. As per his contention, Police Constable Shaitana Ram is yet to be examined, before whom confessional statement was alleged to be stated by the accused.