RAMESH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present criminal appeal has been filed under Section 14A(2) SC/ST (Prevention of Atrocities) Act on behalf of the appellant, who is in judicial custody in connection with FIR No.41/2020 registered at Police Station Kiesherai Patan, District Bundi registered for the offences punishable under Sections 341, 308, 34 of IPC and under Sections 3(2)(va) of the SC/ST (Prevention of Atrocities) Act against the order dated 09.04.2021 passed by Special Court, SC and ST Cases, Bundi,( for offences punishable under Sections 341, 323, 325, 308, 34 IPC and Sections 3(1)(r), 3(2)(va) of S.C./S.T. Act) whereby, the bail application preferred under Section 439 Cr.P.C. on behalf of the appellant was rejected.

(2.) Heard learned counsel for the appellant, learned counsel appearing for the complainant and learned Public Prosecutor. Perused the material available on record.

(3.) Learned counsel for the appellant stated that cross FIR has been filed in the present case and in both the cases charge-sheet has been filed; for FIR No.42/2020 filed by Ramesh (appellant), charge-sheet under Section 307 IPC has been filed after investigation; whereas, in the present case, charge-sheet has been filed under Section 308 IPC; five injuries have been caused to appellant himself and out of the said injuries, injury No.1, 4 and 5 are having multiple fracture and declared as grievous in nature; land dispute is pending between the parties before A.D.M., Keshorai Patan, District Bundi; benefit of bail has already been granted to co-accused-Ghanshyam; allegation levelled against appellant and co-accused-Ghanshyam are similar in nature; benefit of bail was also granted to co-accused persons, namely, Govind, Kuldeep and Ganpat Lal in cross-case. With these submissions, learned counsel for the appellant prayed that benefit of bail may be granted to the appellant by allowing the present appeal.