SITA RAM 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.44/2023 registered at Police Station Rawatser, District Hanumangarh for the offences punishable under Ss. 341, 302 (alternatively 302/149), 307 (alternatively 307/149), 323 (alternatively 323/149) and 120-B of the IPC and Sec. 3(2)(V) and 3(2) (VA) of the SC/ST (Prevention of Atrocities) Act against the order dtd. 9/11/2023 passed by the learned Special Judge, SC/ST Court, Hanumangarh, 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 co-accused persons viz. Sandeep and Chet Ram have already been granted bail by a co-ordinate Bench of this Court. The main allegation for causing a fire arm injury has been levelled against co-accused Surendra @ Sendhiya. Counsel submits that the present appellant was merely riding on a motorcycle and the alleged motorcycle was recovered from the possession of the appellant. Challan of the case has already been presented and no investigation is pending against the appellant. 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 learned counsel for the complainant have opposed the prayer for bail.