SURENDRA 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.307/2022, registered at Police Station Subhash Nagar, District Bhilwara, for the offences punishable under Ss. 376[2][n], 344, 366, 384, 506 of Indian Penal Code and under Ss. 3[1][w](i), 3[2][v] of SC/ST Act against the order dtd. 26/7/2022 passed by the learned Special Judge Scheduled Cast/Scheduled Tribe (Prevention of Atrocities Act Cases), Bhilwara whereby, the bail application preferred under Sec. 439 Cr.P.C. on behalf of the appellant was rejected. Counsel for the appellant appeared and submits that the injured has already been discharged from the hospital. Accused-appellant is in judicial custody and the trial of the case will take sufficient long time to be concluded. Therefore, the benefit of bail should be granted to the accused-appellant. The learned court below has grossly erred in law and facts as well in declining to release the appellant on bail.

(2.) Learned Public Prosecutor and learned Public Prosecutor as well as learned counsel for the complainant have opposed the prayer for bail.

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