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2022 DIGILAW 520 (RAJ)

Manoj Kumar v. State Of Rajasthan

2022-02-15

MANOJ KUMAR GARG

body2022
JUDGMENT Manoj Kumar Garg, J. - This is the second criminal appeal under Section 14-a SC/ST (Prevention of atrocities) act on behalf of the appellant, who is in custody in connection with F.I.R. No.150/2021, Police Station Falna, District Pali, for the offences under Sections 341, 323, 326/34 IPC and Sections 3(1)(r)(s), 3(1)(va) of SC/ST act against the order dated 04.01.2022 passed by the learned Special Judge SC/ST (Prevention of atrocities act) Cases, Pali, whereby, the bail application preferred under Section 439 Cr.P.C. on behalf of the appellant was rejected. 2. The first criminal appeal was rejected by this Court at that stage vide order dated 01.12.2021. 3. Counsel for the appellant submits that challan of the case has already been presented. Counsel further submits that the injured himself fell down and due to which he received injury on his eyes. The 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. 4. Learned Public Prosecutor and learned counsel for the complainant have opposed the prayer for bail and submitted that a specific allegation has been levelled by the injured that the appellant has inflicted injury on his right eye and according to the injury report and opinion of the Doctor, it clearly reveals that the injured has lost his vision of his right eye due to injuries inflicted by the appellant. 5. Having regard to the entirety of facts and circumstances as available on record and upon a consideration of the arguments advanced at the bar, this Court is of the opinion that no ground is made out to grant bail to the appellant at this stage. However, liberty is granted to the appellant to file afresh criminal appeal after recording the statement of injured-Bharat Kumar. The trial court is directed to record his statement within a period of two months from the date of receipt of certified copy of this order. 6. accordingly, this second criminal appeal is dismissed at this stage.