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2019 DIGILAW 930 (RAJ)

Mahendra Singh @ Veenu v. State of Rajasthan

2019-03-27

VIJAY BISHNOI

body2019
JUDGMENT 1. This criminal appeal under Section 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 dated 23.01.2019 passed by the Special Judge, Scheduled Caste and Scheduled Tribe (Prevention of Atrocities Case), Udaipur in Criminal Misc. Case No. 41/2018 pertaining to Sessions Case No. 1/2019, whereby the trial court has dismissed the bail application filed on behalf of the appellant. 2. The appellant has been arrested in FIR No. 408/2018 of Police Station Amba Mata, District Udaipur for the offences punishable under Sections 341, 323, 307/34 IPC and Sections 3(2)(v) and 3(2)(va) of SC/ST Act. 3. Heard learned counsel for the parties and also perused the material on record. 4. Having regard to the totality of the facts and circumstances of the case, looking to the nature of accusation and gravity of the offence and after perusing the case diary, without expressing any opinion on the merits of the case, I am not inclined to allow this criminal appeal filed by the accused appellant under Section 14- A(2) of SC/ST Act. 5. Accordingly, this criminal appeal filed on behalf of the appellant under Section 14-A(2) of SC/ST Act is rejected at this stage. However, the appellant is free to file fresh bail application before the trial court after recording of the statements of injured.