KISHANSINGH Vs. STATE OF RAJ

JUDGEMENT

(1.) The instant appeal has been filed under Sec. 14-A SC/ST (Prevention of Atrocities) Act on behalf of the appellant, who is in custody in connection with C.R. No.135/2021, Police Station Sandwa, District Churu for the offences punishable under Ss. 302 and 120-B of IPC and Ss. 3(1)(R)(S) and 3(2)(v) of SC/ST (Prevention of Atrocities) Act against the order dtd. 21/9/2022 passed by the learned Special Judge, SC/ST Court, Churu, 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 now witness - Ghasi Ram has been examined as PW.15 before the trial Court and he has been declared hostile. Similarly situated co-accused persons, viz., Mahendra Singh, Narendra Singh @ Lal Singh, Sharwan Singh and Virendra Singh have already been granted bail by this Court and the case of the present appellant is not distinguishable from that of the co-accused. The appellant is in judicial custody and the trial of the case will take sufficiently 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.

(3.) Learned Public Prosecutor and counsel for the complainant have opposed the prayer for bail.