(1.) The instant appeal has been filed under Sec. 14-A(2) of SC/ ST (Prevention of Atrocities) Act, on behalf of the appellant, who is in custody in connection with FIR No.249/2022, Police Station Sayara, District Udaipur for the offences under Ss. 143, 447, 448, 427, 149, 456 of IPC and Ss. 3(1)(g), 3(2)(va), of SC/ST Act against the order dtd. 31/1/2023 passed by the learned Special Judge, Scheduled Caste / Scheduled Tribe (Prevention of Atrocities) Cases, Udaipur 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 accused-appellant has falsely been implicated in this case. It is further submitted that similarly situated co-accused namely Chokharam and Pintu have already been enlarged on bail by this Court vide order dtd. 14/11/2022 and the case of the present appellant is similar to those of the co-accused. The accused-appellant is in judicial custody since long and the trial of the case will take sufficient long time. Therefore, it is prayed that the benefit of bail should be granted to the accused-appellant.
(3.) Learned Public Prosecutor and learned counsel for the complainant have vehemently opposed the prayer for bail.