TARA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant appeal has been filed under Sec. 14A of the SC/ST (Prevention of Atrocities) Act on behalf of the appellant seeking bail in F.I.R. No.107/2021 registered at Police Station Deshnok, Bikaner for the offences punishable under Ss. 302, 342, 147, 149 of IPC and Ss. 3(2)(v) and 3(2)(va) of the SC/ ST (Prevention of Atrocities) Act against the order dtd. 30/1/2023 passed by the Special Judge, SC/ST (Prevention of Atrocities) Cases and Additional District and Sessions Court, Bikaner, whereby, the 2nd bail application preferred under Sec. 439 Cr.P.C. on behalf of the appellant was rejected.

(2.) Heard learned counsel for the appellant, the learned Public Prosecutor and learned counsel for the complainant. Perused the material available on record.

(3.) Learned counsel for the appellant submitted that neither the name of the appellant does not find mention in the FIR nor the presence of the appellant has been established at the place of incident. Learned counsel further submitted that the deceased in his statement just before his death, did not mention the name of the present appellant. Learned counsel submitted that the appellant has been implicated in the present case solely on the basis of the statements of one Mustak Khan recorded under Sec. 161 Cr.P.C. on 19/10/2021 after more than one month from the date of incident.