ASHOK Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard. Perused the material available on record.

(2.) This appeal has been preferred on behalf of the appellant under Sec. 14A(2) of the SC/ST (Prevention of Atrocities) Amendment Act 2015 being aggrieved of the order dtd. 13/10/2023 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Sawaimadhopur in Criminal Misc. Bail Application No.263/2023 rejecting the bail application preferred on behalf of the appellant who is in custody since 26/11/2022 in connection with FIR No.364/2022, Police Station Bamanwas, Sawaimadhopur for offences under Ss. 365, 302, 120B IPC and Sec. 3(2)(va) of the SC/ST (Prevention of Atrocities) Amendment Act. Later on, the police filed chargesheet against Kishmant, Dharamveer, Deepak, Vikas and Ashok, appellant herein for offences under Ss. 365, 302, 120B IPC, for offences under Ss. 365, 302, 120B IPC and Ss. 3-2(v),3-2(va) of the SC/ST (Prevention of Atrocities) Amendment Act against the accused Manish and for offences under Ss. 365, 302, 120B IPC, Ss. 3-2(v), 3-2(va) of the SC/ST (Prevention of Atrocities) Amendment Act and Sec. 4/25 of the Arms Act against the accused Afridi.

(3.) The first appeal under Sec. 14A (2) preferred on behalf of the appellant was dismissed as withdrawn by this Court vide order dtd. 14/8/2023 giving liberty to the appellant to renew the prayer for bail after recording statement of the prosecutions witnesses Shivsharan, Bhawani Singh and Rohitash. The statement of these prosecution witnesses have been recorded at trial and thereafter, the appellant has preferred this second appeal for bail under Sec. 14A(2) of the SC/ST (Prevention of Atrocities) Amendment Act.