KAMLESH 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 appellants, who are in custody in connection with F.I.R. No.104/2023 registered at Police Station Badaliyas, District Bhilwara for the offences punishable under Ss. 143, 341, 323, 354, 307, 379 and 120B IPC and Ss. 3(1)(r)(s)(w) and 3(2)(v) SC/ST Act against the order dtd. 29/1/2024 passed by the learned Special Judge, SC/ ST Court, Udaipur, whereby, the bail application preferred under Sec. 439 Cr.P.C. on behalf of the appellants was rejected.

(2.) The first appeal was decided with liberty to file fresh criminal appeal after recording the statement of injured Modaram.

(3.) Learned counsel for the appellants submits that on about five occasions before the trial injured Modaram did not appear before the trial court. Challan of the case has already been presented. The appellants are in judicial custody since 30/4/2023 and the trial of the case will take sufficiently long time to be concluded. Therefore, the benefit of bail should be granted to the accused-appellants. The learned court below has grossly erred in law and facts as well in declining to release the appellant on bail.