PRAVEEN NANDA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant appeal has been filed under Sec. 14-A of SC/ST (Prevention of Atrocities) Act on behalf of the appellant, who is in custody in connection with F.I.R. No.299/2018 registered at Police Station Ambamata, District Udaipur for the offences under Ss. 147, 148, 149, 323, 302 and 120-B of the IPC and Ss. 3/25 and 5/25 of Arms Act and Sec. 3(2)(va) of S.C./S.T. Act against the order dtd. 19/5/2023 passed by the learned Special Judge, SC/ST (Prevention of Atrocities) Act Cases, Udaipur, whereby, the bail application preferred under Sec. 439 Cr.P.C. on behalf of the appellant was rejected.

(2.) Counsel for the appellant submits that the appellant has been arrested on 21/7/2018 and thereafter, statement of so called eye witness Rahul has been recorded before the trial Court as PW.5. Counsel submits that there is no evidence for committing the alleged crime against the present petitioner and he is not named in the FIR also. He further submits that three other accused persons were also going on a motorcycle who allegedly did reccee and out of them, co-accused Durgesh and Ashish have already been enlarged on bail. The trial of the case will take sufficiently long time to be concluded. Therefore, the benefit of bail may be granted to the accused-appellant.

(3.) Learned Public Prosecutor and learned counsel for the complainant have vehemently opposed the prayer for bail.