KAILASH CHANDRA Vs. STATE

JUDGEMENT

(1.) The instant appeal has been filed under Sec. 14-A of SC/ST (Prevention of Atrocities) Act, on behalf of the appellant, who is in custody in connection with F.I.R. No.121/2021, Police Station Begun, District Chittorgarh, for the offences under Ss. 147, 148, 341, 342, 323, 327, 307, 302, 384 I.P.C. and Ss. 3(2) (V) of SC/ST (Prevention of Atrocities) Act against the order dtd. 11/2/2022 passed by the learned Special Judge, SC/ST (Prevention of Atrocities Cases), Chittorgarh whereby, the bail application preferred under Sec. 439 Cr.P.C. on behalf of the appellant was rejected.

(2.) Counsel for the appellant submits that similarly situated co-accused Yogesh Kumar S/o Ladu Ram (CRLAS No.146/2022), Bheru Lal, Lilashankar, Babu Lal Dhakar, Sunil, Bablu Kumar, Deepak Kumar Rathore & Dinesh Chandra have already been granted bail by this Court and the case of present petitioner is not distinguishable from those of the co-accused. The 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.

(3.) Learned Public Prosecutor has opposed the prayer for bail. Heard learned counsel for the appellant and learned public prosecutor and also perused the material available on record.