JASWANT SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant appeal under Sec. 14A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act has been filed by the appellant against the order dtd. 14/6/2023 passed by learned Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act Cases, Jodhpur Metro in Cr. Bail Application No.242/2023, whereby the bail application filed by the appellant, who has been arrested in connection with FIR No.200/2023 registered at Police Station Bilara, District Jodhpur Rural, for offences under Ss. 323, 452, 427, 379, 34 of IPC and Ss. 3(1)(r)(S), 3(1)(s) and 3(2)(va) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, has been rejected.

(2.) Learned counsel for the appellant submitted that the appellant has been falsely implicated in the present case. Learned counsel submitted that the allegation against the appellant is that he along with co-accused persons by trespassing the restaurant run by the complainant, attacked him with lathis and iron rod and also looted a sum of Rs.10,000.00. Learned counsel for the appellant submitted that though there is an allegation of attacking the complainant with lathis and iron rods against present appellant and co-accused persons, but no grievous injury on any vital part has been reported. Learned counsel submitted that the injuries allegedly inflicted by the appellant are simple in nature as the F.I.R. against him has been lodged under Sec. 323 IPC. Learned counsel submitted that appellant is in judicial custody for more than one month and the trial of the case will take sufficiently long time, therefore, the benefit of bail should be granted to the accused-appellant.

(3.) Per contra, learned Public Prosecutor opposed the appeal. Heard learned counsel for the appellant and learned Public Prosecutor. Perused the material available on record. Having considered the rival submissions, facts and circumstances of the case, without expressing any opinion on merits/demerits of the case, this Court is inclined to enlarge the appellant on bail.