BIHARILAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant appeal has been filed under Sec. 14-A(2) of SC/ST (Prevention of Atrocities) Act, on behalf of the appellants, who are in custody in connection with FIR No.268/2022, Police Station Raisinghnagar District Sri Ganganagar, for the offences under Ss. 307, 325, 341, 323, 143 IPC and Ss. 3(2)(v), 3(2)(va) of the SC/ST Act against the order dtd. 10/1/2023 passed by the learned Special Judge, Scheduled Caste/ Scheduled Tribe (Prevention of Atrocities) Cases, Sri Ganganagar whereby, the bail application preferred under Sec. 439 Cr.P.C. on behalf of the appellants was rejected.

(2.) Ms. Manju Devi, wife of petitioner No.1 -Biharilal and mother of petitioner No.2 Kailash Rao, present-in-person, submits that similarly situated co-accused namely Mukesh, Omprakash and Arjun Rao have already been enlarged on bail by co-ordinate Bench of this Court vide orders dtd. 16/1/2023 and 9/2/2023 respectively and the case of the present appellants is similar to that of the co-accused. It is further submitted that none of the injuries are found to be dangerous to life. The accused-appellants are in judicial custody since 5/12/2022 and the trial of the case will take time. It is further submitted that the learned Court below has grossly erred in law and facts as well in declining to release the appellants on bail. Therefore, it is prayed that the benefit of bail should be granted to the accused-appellants.

(3.) Learned Public Prosecutor has vehemently opposed the prayer for bail.