DEEPAK Vs. STATE OF RAJASTHAN

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.471/2023, registered at Police Station Ambamata, District Udaipur, for the offences under Ss. 341, 323, 324, 147, 307 IPC and Ss. 3(2)(va) of the SC and ST (Prevention of Atrocities) Act against the order dtd. 20/1/2024 passed by the learned Special Judge Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act Cases, Udaipur whereby, the bail application preferred under Sec. 439 Cr.P.C. on behalf of the appellant was rejected.

(2.) Heard learned counsel for the parties at Bar and perused the material available on record.

(3.) Learned counsel for the appellant submitted that the appellant has been falsely implicated in the present case. Drawing attention of the Court towards the statements of the injured namely Suresh Gameti, Paras and Anil recorded under Sec. 161 Cr.P.C., learned counsel for the appellant submitted that all the injured persons in their statements have levelled specific allegation of causing injury upon them with sharp edged weapon (knife) against co-accused Prince @ Rocky. It was submitted that the learned court below has grossly erred in law as well as on facts in declining to release the appellant on bail. Learned counsel submitted that the appellant is in custody and trial of the case will take sufficiently long time to be concluded, therefore, the benefit of bail should be granted to the accused-appellant.