MANGILAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant appeal has been filed under Sec. 14-A of SC/ST (POA) Act on behalf of the appellant, who is in custody in connection with FIR No.23/2020, Police Station Suratgarh City, District Sriganganagar for the offences under Sec. 302 IPC and Sec. 3(2) (V) of SC/ST (Prevention of Atrocity) Act against the order dtd. 3/5/2023 passed by learned Special Judge, SC/ST Court, Sriganganagar, whereby the bail application preferred under Sec. 439 Cr.P.C. on behalf of the appellant was rejected.

(2.) Earlier the appellant filed an appeal for bail which was dismissed by this Court vide order dtd. 16/11/2022 with liberty to file afresh after recording the statements of Sohanlal and Sanjay Kumar. Counsel for the appellant submits that this is a case of circumstantial evidence and only on the basis of suspicion, the present appellant has been implicated in this case. After arrest of the appellant, his jacket was recovered and sent for FSL. According to FSL report, blood was not detected on the jacket of the present appellant. Counsel submits that there is no incriminating evidence against the present appellant. The appellant is inside the jail since 31/1/2020 and the trial of the case will take sufficient long time to be concluded. Therefore, the benefit of bail should be granted to the accused-appellant. Learned Public Prosecutor and counsel for respondent No.2 have vehemently opposed the prayer for bail.

(3.) Having regard to the entirety of facts and circumstances as available on record and upon a consideration of the arguments advanced at the bar, this Court is of the opinion that the order rejecting the application for bail filed on behalf of the appellant, cannot be sustained and deserves to be set aside.