TARIQ Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the appellant and learned Public Prosecutor and perused the material available on record.

(2.) The instant appeal has been filed under Sec. 14A of SC/ST Act on behalf of the appellant, who is in custody in connection with FIR No.255/2021, Police Station Garhi, District Banswara for the offences under Ss. 148, 307, 302, 295(A)\ and 153(A) IPC and Ss. 3(1)(r), 3(1)(S) and 3(2)(va) of SC/ST (Prevention of Atrocity) Act and against the order dtd. 3/2/2024 passed by learned Special Judge SC/ST (Prevention of Atrocity Cases), Banswara whereby the bail application preferred under Sec. 439 Cr.P.C. on behalf of the appellant was rejected.

(3.) It has been submitted on behalf of the appellant that similar situated co-accused Shahrukh Khan, Sharafat, Mustafa Khan, Albux, Sakir Hussain, Bilal and Javed Mohd. have already been enlarged on bail and the case of present accused is not distinguishable from that of co-accused. Counsel further submits that injured witnesses have turned hostile. The accused-appellant is in judicial custody 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.