ROSHANLAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This is the second criminal appeal under Sec. 14-A of the Scheduled Caste/Scheduled Tribe (Prevention of Atrocities) Act on behalf of the appellants, who are in custody in connection with FIR No.364/2021, Police Station Kankkroli, Distt. Rajsamand for the offences under Ss. 147, 148, 149, 341, 323, 307, 436, 458, 459, 460, 354, 325 of IPC and Ss. 3(1)(R)(S)(G)(W-i), 3(2) (VA) of Scheduled Caste/Scheduled Tribe (Prevention of Atrocities) Act against the order dtd. 3/1/2022 passed by the learned Special Judge SC/ST (Prevention of Atrocities) Cases, Rajsamand in Criminal Misc. Bail Application No.125/2021 (CIS No.173/2021) whereby, the bail application preferred on behalf of the appellant under Sec. 439 Cr.P.C. was rejected. Earlier, the criminal appeal filed by the appellants was dismissed by this Court as not pressed vide order dt. 9/12/2021 with liberty to file fresh after filing of the challan.

(2.) Learned counsel for the appellants submits that now, challan of the case has already been presented. Though the injured received grievous injuries but the injuries are on non-vital part of the body. The learned court below has grossly erred in law and facts as well as in declining to release the appellants on bail.

(3.) Learned Public Prosecutor has opposed the prayer for bail.