ADAB HUSSAIN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant appeal has been filed under Sec. 14-A SC/ST (Prevention of Atrocities) Act on behalf of the appellant, who is in custody in connection with F.I.R. No.252/2023 registered at Police Station Ratanada, District Jodhpur for the offences punishable under Ss. 341, 323, 324, 506, 307/34, 509 and 354 of the IPC and Ss. 3(1)(r)(s) and 3(2)(V) of the SC/ST (Prevention of Atrocities) Act against the order dtd. 31/8/2023 passed by the learned Special Judge, SC/ST Court, Jodhpur, whereby, the bail application preferred under Sec. 439 Cr.P.C. on behalf of the appellant was rejected.

(2.) Learned counsel for the appellant submits that both the parties received injuries and now the injured persons have already been discharged from the hospital. There are cross-cases between the parties. The appellant is in judicial custody the trial of the case will take sufficiently long time to be concluded. Therefore, the benefit of bail should be granted to the accused-appellant. The learned court below has grossly erred in law and facts as well in declining to release the appellant on bail.

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