Babu Singh S/O Kirodilal vs State Of Rajasthan
2021 Latest Caselaw 916 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

             S.B. Criminal Appeal No. 1711/2020

Babu Singh S/o Kirodilal, R/o Kanjoli, Police Station Balghat,
Distt. Karauli Raj.
                                                                     ----Appellant
                                     Versus
1.      State Of Rajasthan, Through P.p.
2.      Mukesh Kumar S/o Santoshi Jatav, Aged About 35 Years,
        R/o Kanjoli, Police Station Balghat, Distt. Karauli Raj.
                                                                  ----Respondents

For Appellant(s) : Mr. Vikram Singh Chauhan through VC For Respondent(s) : Mr. Sher Singh Mahla, PP

HON'BLE MR. JUSTICE PANKAJ BHANDARI

Judgment / Order

29/01/2021

1. Appellant has preferred this appeal aggrieved by order dated

21.10.2020 passed by Special Judge SC/ST Cases, Karauli,

whereby, bail application filed by the appellant under Section 438

Cr.P.C. was rejected.

2. F.I.R. No.207/2020 was registered at Police Station Balghat,

District Karauli (Raj.) for offence under Sections 323, 341, 34

I.P.C. and Sections 3(1)(s), 3(1)(r), 3(2)(va) of SC/ST Act.

3. It is contended by counsel for the appellant that there is

cross F.I.R. Only bruises have been received by the injured party.

4. Learned Public Prosecutor has opposed the appeal. It is

contended that under Section 18-A of SC/ST Act, there is bar on

entertaining bail application under Section 438 Cr.P.C.

(2 of 2) [CRLAS-1711/2020]

5. I have considered the contentions.

6. From bare reading of the F.I.R., offence under the SC/ST Act

is made out. This Court is barred from entertaining the bail

application where F.I.R. prima facie discloses the offence under

the SC/ST Act. Hence, I am not inclined to entertain the appeal.

7. Accordingly, Criminal Appeal is dismissed.

(PANKAJ BHANDARI),J

ARTI SHARMA /99

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