UMMEDSINGH 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.182/2021, Police Station Rajiv Gandhi Nagar, District Jodhpur Metropolitan for the offences under Ss. 452, 448, 506, 323, 341/34 IPC and Sec. 3(1)(r)(s), 3(2)(va) of the SC/ST (Prevention of Atrocities) Act against the order dtd. 21/10/2021 passed by the learned Special Judge Scheduled Cast/Scheduled Tribe (Prevention of Atrocities Act Cases), Jodhpur Metropolitan whereby, the bail application preferred under Sec. 439 Cr.P.C. on behalf of the appellant was rejected.

(2.) Counsel for the appellant appeared and submits that similarly situated co-accused Bhom Singh has already been enlarged on bail and the case of the petitioner is similar to that of the co-accused. Accused-appellant is in judicial custody and the trial of the case will take sufficient long time to be concluded. Therefore, the benefit of bail should be granted to the accused-appellant. The learned court below has grossly erred in law and facts as well in declining to release the appellant on bail.

(3.) Learned Public Prosecutor and learned counsel for the complainant have opposed the prayer for bail.