LAWS(RAJ)-2024-3-13

SHUBHKARAN DAN Vs. STATE OF RAJASTHAN

Decided On March 06, 2024
Shubhkaran Dan Appellant
V/S
STATE OF RAJASTHAN Respondents

JUDGEMENT

(1.) The instant appeal has been filed under Sec. 14A SC/ST (Prevention of Atrocities) Act on behalf of the appellant, who is in custody in connection with F.I.R. No.107/2021, registered at Police Station Deshnok, District Bikaner, for the offences under Ss. 302, 341, 143 IPC and Ss. 3(2)(v), 3(2)(Va) of the SC and ST (Prevention of Atrocities) Act against the order dtd. 16/12/2023 passed by the learned Special Judge Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act Cases, Bikaner whereby, the bail application preferred under Sec. 439 Cr.P.C. on behalf of the appellant was rejected.

(2.) Heard learned counsel for the appellant, learned Public Prosecutor and learned counsel for the complainant. Perused the material available on record.

(3.) Learned counsel for the appellant submitted that the appellant has falsely been implicated in the present case and he has nothing to do with the alleged offences. Learned counsel submitted that the co-accused persons namely Amir Khan and Rasid Khan @ Sadu Khan have already been enlarged on bail by a coordinate Bench of this Court vide order dtd. 23/11/2023 in S.B. Criminal Appeal (Sb) No.1583/2023. Learned counsel submitted that another co-accused namely Prabhu Dan has also been enlarged on bail by the competent criminal court vide order dtd. 8/11/2023. Learned counsel further submitted that the case of present appellant is not distinguishable from that of the above named co-accused persons who have already been enlarged on bail.