PAPPU GUJAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant appeal has been filed under Sec. 14A(2) SC/ST (Prevention of Atrocities) Act being aggrieved of the order dtd. 25/10/2023 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Ajmer (Raj) in Bail Application No. 1197/2023 rejecting the bail application preferred on behalf of the appellant, who is in custody in connection with FIR No. 110/2019 registered at Police Station Gandhi Nagar, District Ajmer (Rajasthan) for the offences under Ss. 302 & 201 of IPC. Later on, police filed charge-sheet in this matter for the offences punishable under Ss. 302 & 201 of IPC and Sec. 3(2)(v) of SC/ST Act.

(2.) It is contended by learned Counsel for the appellant that appellant has falsely been implicated in this case. Counsel submits that it is a case of circumstantial evidence as there is no eyewitness to the alleged incident. Counsel further submits that appellant is not named in the FIR. Apart from it, the appellant is in custody since 27/4/2019 and as such, he is behind the bars for last five years and nine months. He contends that trial is going at a snail's pace as till date only 20 witnesses have been examined out of 35 cited witnesses. Conclusion of trial will take considerable time. He also contends that this delay occurring in conclusion of trial is seriously violating the fundamental right of the speedy trial of the petitioner as guaranteed under Article 21 of the Constitution of India. The period of custody is always relevant consideration for grant of bail. When a trial get prolonged, it is not open for the prosecution to oppose bail of the accused on the ground that the charges are very serious.

(3.) Per contra, learned Public Prosecutor as well as complainant opposes the prayer of bail made in this appeal. It is submitted that looking to gravity of offence and evidence so far come on record, the appellant does not deserve indulgence of bail.