BABLU 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 appellants against the order dtd. 31/3/2023 passed by learned Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act Cases, Jodhpur Metro in Cr. Bail Application No.99/2023, whereby the bail application filed by the appellants, who have been arrested in connection with FIR No.97/2023 registered at Police Station Shergarh, District Jodhpur Rural, for offences under Ss. 341, 323, 449, 302/34 of IPC and Ss. 3(1)(r)(s), 3(2)(va) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, has been rejected.

(2.) Learned counsel for the appellants submitted that the appellants have been falsely implicated in the present case. Learned counsel submitted that from the perusal of the FIR, it is evident that specific allegation of inflicting blow on the head of deceased with the help of iron rod has been levelled against appellant No.3 Shakeel. Learned counsel submitted that though an allegation of beating deceased with the help of stick has been levelled against the appellants Nos.1 and 2 but as per the post mortem report, the same had not proved to be fatal in nature.

(3.) Learned counsel further submitted that the iron rod allegedly used for commission of crime has been recovered on the basis of the information provided by appellant No.3 Shakeel in his disclosure statement under Sec. 27 of the Indian Evidence Act. Lastly, it was submitted that omnibus allegations have been levelled against the appellants Nos.1 and 2 along with 8 - 10 other persons only with a view to falsely implicate them in the present case.