MAHENDRA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard the learned counsel for the parties and perused the material available on record.

(2.) The instant appeal has been filed under Sec. 14A of SC/ST (Prevention of Atrocities) Act on behalf of the appellant, who is in custody in connection with FIR No.90/2023, Police Station Bhirani, District Hanumangarh for the offences under Ss. 302, 34 of IPC, Ss. 3(2)(V) and 3(2)(Va) of SC/ST (Prevention of Atrocities) Act against the order dtd. 20/2/2024 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Hanumangarh whereby the bail application preferred under Sec. 439 Cr.P.C. on behalf of the appellant was rejected.

(3.) Counsel for the appellant submits that so called main eye witnesses namely Pooja and Suresh @ Sukhram have been examined before the trial court as PW-1 and PW-2 respectively and they have been declared hostile. There is no other connecting evidence against the present appellant. The accused-appellant is in judicial custody since 18/3/2023 and the trial of the case will take sufficient long time to be concluded. Therefore, the benefit of bail should be granted to the accused-appellant.