RASBIHARI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant appeal (bail application) has been filed under Sec. 14-A of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act on behalf of the appellant, who is in custody in connection with FIR No. 82/2023 dtd. 11/5/2023, Police Station Gegal, District Ajmer for the offences under Ss. 341, 323, 285, 307 and 34 of I.P.C. and Ss. 3(2)(v) and 3(2)(va) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act against the Order dtd. 31/8/2023 passed by the Special Judge, Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Cases, Ajmer whereby, bail application preferred under Sec. 439 of Cr.P.C. on behalf of the appellant has been rejected. The charge-sheet in the matter has been filed for the offences under Ss. 341, 323, 306, 37, 34 of I.P.C. and Ss. 3(1)(r)(s) and 3(2)(v)(va) of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act.

(2.) Heard learned Counsel for the appellant, learned Public Prosecutor and learned Counsel for the respondent No. 2-complainant.

(3.) Learned Counsel for the appellant has contended that appellant is an innocent person, who was not involved in the alleged incident. The appellant was not present on the place of incident at the relevant time and has been falsely implicated in this case. Learned Counsel has also contended that there is no specific allegation of setting the deceased on fire in the F.I.R. against the appellant. The police after investigation has disbelieved so-called dying declaration of deceased Rohit, therefore, same cannot be relied upon. Learned Counsel has further contended that witness Surendra Prajapat, who took deceased to the hospital in his van, has stated that on asking father, other members of the family and Rohit about incident, they did not tell anything to him and nor stated about anyone else burning him. Learned Counsel has further contended that similarly situated co-accused viz. Bhaskar Vaishnav alias Kuldeep and Tejendra Singh Hada alias Tarun Hada have been released on bail by the Trial Court. The appellant is in custody since 26/5/2023. The charge-sheet has already been filed and trial of the case will take sufficient long time to conclude. Learned Counsel has, therefore, prayed that present appeal may be allowed and the appellant may also be released on bail.