Manoj Kumar vs State
2022 Latest Caselaw 2675 Raj

(1 of 2) [CRLAS-78/2022]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Appeal No. 78/2022

Manoj Kumar S/o Sujan Singh, Aged About 43 Years, R/o Shitla Mata Gali, Falna, District Pali (Rajasthan) (At Present Lodged In District Jail, Pali)

----Appellant Versus

1. State, Through Pp

2. Bharat Kumar S/o Gulabchand, R/o Shitla Mata Gali, Falna, District Pali (Rajasthan)

----Respondents

For Appellant(s) : Mr. Suresh Kumar Maru. For Respondent(s) : Mr. Anees Bhurat, P.P.

Mr. Jogendar Singh.

HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Judgment / Order

15/02/2022

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.

The first criminal appeal was rejected by this Court at that

stage vide order dated 01.12.2021.

Counsel for the appellant submits that challan of the case has

(2 of 2) [CRLAS-78/2022]

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.

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.

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.

Accordingly, this second criminal appeal is dismissed at this

stage.

(MANOJ KUMAR GARG),J 132-prashant/-

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