BABULAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant appeal has been filed under Sec. 14-A(2) of the SC/ST (Prevention of Atrocities) Act on behalf of the appellant, who is in custody in connection with FIR No.209/2021, registered at Police Station Narena, District Jaipur (Rural) for the offences under Ss. 458, 460, 323, 342, 302, 396, 120-B & 75 of IPC and Sec. 3(2)(v) of the SC/ST (Prevention of Atrocities) Act against the order dtd. 10/3/2022 passed by the Special Judge, SC/ST (Prevention of Atrocities) Cases, Jaipur Metropolitan-I, whereby, the bail application preferred under Sec. 439 Cr.P.C. on behalf of the appellant was rejected. Learned counsel for the appellant submits that in the present case, no recovery has been made from the appellant. Learned counsel further submits that the appellant is neither named in the FIR nor in the statement of complainant who has stated that he saw 5-6 accused persons. Learned counsel further submits that the appellant is behind the bars since 8/12/2021 and the charge-sheet has been filed. Learned counsel also submits that the appellant has no criminal antecedents. Hence, appeal of the accused-appellant may be granted.

(2.) Learned State Counsel as well as learned counsel for the complainant has strongly opposed the appeal. Heard learned counsel for the parties and perused the material available on record.

(3.) Considering the submissions made by learned counsel for the appellant and taking into consideration overall facts and circumstances of the case but; without expressing any opinion on the merits/demerits of the case, this Court is of opinion that the appellant deserves to be enlarged on bail.