KAILASH BISHNOI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant appeal has been filed under Sec. 14 A SC and ST (Prevention of Atrocities) Act on behalf of the appellant, who is in custody in connection with F.I.R. No.149/2022, registered at Police Station Jainarayan Vyas Colony, District Bikaner for the offences under Ss. 307, 325, 382, 452, 427, 323, 147, 148, 149 IPC and Ss. 3(1)(R), 3(1)(S), 3(2)(Va) of the SC and ST (Prevention of Atrocities) Act against the order dtd. 29/3/2023 passed by the learned Special Judge Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act Cases Bikaner whereby, the bail application preferred under Sec. 439 Cr.P.C. on behalf of the appellant was rejected. Heard learned counsel for the appellant and learned public prosecutor. Perused the material available on record.

(2.) Learned counsel for the appellant submitted that the injuries alleged to have been inflicted by the appellant are though grievous in nature but not dangerous to life. Learned counsel further submitted that the alleged injuries have not been inflicted on vital body part of the complainant. Learned counsel for the appellant submitted that similarly situated co-accused namely Tanveer Khan and Anil Khichar have already been enlarged on bail by this Court vide order dtd. 24/1/2023 in Criminal Appeal No.1901/2022. Learned counsel further submitted that the case of present appellant is not distinguishable from that of co-accused Tanveer Khan and Anil Khichar, who have already been enlarged on bail. It was submitted that the appellant is in judicial custody and the trial of the case will take sufficiently long time, therefore, the benefit of bail should be granted to the accused-appellant.

(3.) Learned Public Prosecutor has opposed the prayer for bail. 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.