KARTAR SINGH & ANR. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the petitioners as well as the learned Public Prosecutor and perused the record of the case.

(2.) Learned counsel for the petitioners submits that though the case under Sec. 3 of the SC/ST (Prevention of Atrocities) Act is not made out against the petitioner not only for the reason that FIR was lodged with the delay of five days without any explanation and even if the FIR is looked into then atrocity has not taken place in the public place, thus the petitioner may be granted bail under Sec. 438 of Cr.P.C. in view of the fact that no case is made out under Sec. 3 of the SC/ST (Prevention of Atrocities) Act against the petitioner. It is also stated that it is only with a view to take revenge with the petitioner said FIR has been lodged after a delay of five days.

(3.) Learned Public Prosecutor, on the other hand, has opposed this bail application.