TULSARAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) As per report produced by the learned Public Prosecutor, Notice has been served upon the complainant-respondent no.2 on 27/1/2022. The report is taken on record.

(2.) The instant appeal has been filed under Sec. 14-A of SC/ST (Prevention of Atrocities) Act on behalf of the appellants, who are in custody in connection with F.I.R. No. 629/2021 registered at Police Station Balotara, Barmer for the offences under Ss. 341, 323, 509 IPC and Sec. 3(1)(r), (s), 3(2) (Va) of the SC/ST (Prevention of Atrocities) Act against the order dtd. 28/12/2021 passed by the Special Judge, SC/ST (Prevention of Atrocities) Act, Balotara, Barmer whereby, the bail application preferred under Sec. 439 Cr.P.C. on behalf of the appellants was rejected.

(3.) Learnedcounsel for the appellants submits that false allegation has been levelled against the appellants for obstructing wedding procession and mounting horse during wedding procession. Exaggerated allegations have been made in the First Information Report, which has been substantiated only to some extent in the statement recorded by the police under Sec. 161 Cr.P.C. The offence under Sec. 3(1)(ja)(B) of SC/ST Act is punishable with imprisonment of five years and fine. Appellants are behind the bars for the last more than one month. The appellants are not required in the investigation. In the above circumstances, learned counsel for the appellants prays that the appeal filed by the appellants deserves to be allowed.