BABU MOHAMMED Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) These appeals have 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. 80/2024 registered at the Police Station Rashmi, District Chittorgarh for the offences under Ss. 147, 148, 149, 341, 323, 336, 302, 153-A and 295-A of the I.P.C. and Ss. 3(1)(r) (s) of the SC/ST Act, being aggrieved by the orders dtd. 9/4/2024 passed by the learned Special Judge, SC/ST (Prevention of Atrocities) Act Cases, Chittorgarh, whereby the applications under Sec. 439 of the Cr.P.C. filed on behalf of the appellants have been rejected by the Trial Court.

(2.) It is submitted by learned Counsel for the appellants that the appellants have falsely been implicated in the present case and they have nothing to do with the alleged offences. It is submitted that the deceased had received no injuries and the cause of death was heart attack. None of the alleged acts brings the case within the purview of the provisions of the SC/ST Act. The appellants are behind the bars since long. Expeditious culmination of trial is not a seeming fate and no fruitful purpose would be served by keeping them behind the bars. They, therefore, pray that benefit of bail may be granted to the appellants.

(3.) Per contra, learned learned Public Prosecutor as well as the learned Counsel for the complainant have opposed the submissions made by the learned Counsel for the appellants. They submit that the appellants alongwith other accused made assault on a peaceful procession with dangerous weapons in a pre-mediated manner. One person died in the incident. Thus, looking to the seriousness of the offences, the appellants do not deserve the benefit of bail.