RAKESH Vs. STATE

JUDGEMENT

(1.) This criminal appeal under Sec. 14A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter to be referred as 'the SC/ST Act') has been filed on behalf of the appellant being aggrieved with the order dtd. 30/4/2019 passed by the Special Judge, SC/ST (Prevention of Atrocities) Cases, Jodhpur (hereinafter to be referred as 'trial court') in Criminal Misc. Bail Case No. 105/2019, whereby the trial court has dismissed the bail application filed on behalf of the appellant.

(2.) The appellant has been arrested in FIR No. 10/2019 of Police Station Asop, District Jodhpur, for the offences punishable under Ss. 302 I.P.C. and Ss. 3(2)(v) of SC/ST Act.

(3.) Learned counsel for the appellant has submitted that from perusal of charge-sheet filed by the police, it is clear that the appellant and deceased scuffled with each other after consuming liquor and on the day of incident, both of them were not in correct state of mind due to consumption of liquor. Learned counsel for the appellant has submitted that during the course of scuffle, the deceased fell down which resulted in hip fracture, but he remained at lime industry where the incident took place for around two more days and thereafter went to Jodhpur for further treatment, however, during the course of treatment, he died on account of injury received by him. Learned counsel for the appellant has submitted that from the above facts and circumstances of the case, it is clear that the appellant had no intention to kill the deceased and the deceased received injury in the scuffle took place between the appellant and him in drunken condition. Learned counsel for the appellant has submitted that charge-sheet has been filed and trial of the case will take time.