MAHENDRA SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant appeal has been filed under Section 14A(2) SC/ST (Prevention of Atrocities) Act on behalf of the appellant, who is in custody in connection with FIR No.70/2018, Police Station Khinvsar, District Nagaur, for the offences under'Sections 302,'460,'325,'392,'201/34'of IPC and Sections 3(2)(v)(va) of SC/ST (Prevention of Atrocities) Act against the order dated 18.03.2021 passed by the Special Judge, SC/ST (Prevention of Atrocities) Act Cases, Merta, Distt. Nagaur 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 and counsel for the complainant appearing through video conferencing as well as learned Public Prosecutor present in person.

(3.) Learned counsel for the appellant stated that at the time of rejection of first criminal appeal, liberty was granted to file fresh appeal after recording the statement of witness Smt. Ritu. Thereafter, while pointed out various admissions during cross- examination by that witness and the fact that injured Dinesh was treated to be hostile as he has not supported the prosecution story. Learned counsel for the appellant further stated that benefit of bail has been granted to Kishore Bharti by co-ordinate bench of this Court in Criminal Appeal No. 1561/2019; trial of the case will take time. Therefore, benefit of bail may be granted to the accused-appellant.