SANDEEP @ PATANG Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant appeal has been filed under Sec. 14-A(2) SC/ST (Prevention of Atrocities) Act on behalf of the appellant, who is in custody in connection with F.I.R. No. 145/2020 registered at Police Station Rajgarh, District Churu, for the offences under Ss. 302, 307, 147, 148 and 149 of IPC; Sec. 27 of Arms Act and Ss. 3(2)(v) of the SC and ST (Prevention of Atrocities) Act against the order dtd. 15/1/2025 passed by the learned Special Judge Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act Cases, Churu whereby, the bail application preferred under Sec. 439 Cr.P.C. on behalf of the appellant was rejected.

(2.) Learned Counsel for the appellant submitted that the appellant has been falsely implicated in the present case. Drawing the Court's attention towards the charge sheet, learned Counsel submitted that as per the Investigating Agency, the appellant was part of a conspiracy with the main accused and has conducted recce' of the deceased Rajendra Gadwal by standing at Sumer Nagar behind the Railway Track Depot.

(3.) Learned Counsel submitted that the statements of the material prosecution witnesses viz. Anil Kumar, Vinod Kumar and Sunil Kumar have already been recorded before the competent Criminal Court as PW.1, PW.3 and PW.9 respectively and there are a large number of contradictions in the statements of the PW.1 and PW.3 whereas, the injured eyewitness of the incident i.e. PW.3 has not supported the prosecution story and has turned hostile. Learned Counsel also submitted that no fire arm has been recovered at the instance of the present appellant.