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2021 Supreme(Raj) 971

MAHENDAR KUMAR GOYAL
Mukat – Appellant
Versus
State Of Rajasthan – Respondent


Advocates appeared:
Mr. N.A. Naqvi, Sr. Adv. With Mr. Mukesh Kumar Meena, Advocates, for the Appellant; Mr. Mangal Singh Saini, P.P, for the Respondent; Mr. Mukesh Kumar Verma, Advocate, for the Complainant

JUDGMENT

1. The present criminal appeal under Section 14-A of the Scheduled Castes & the Scheduled Tribes (Prevention of Atrocities) Act has been filed in connection with FIR No.208/2021 registered at Police Station Sadar, Hindaun, District Karauli for the offence under Section(s) 323 & 341 of IPC and Section(s) 3(1)(r), 3(1)(s) & 3(2)(va) of SC & ST (Prevention of Atrocities) Act, 1989 (for short 'the Act of 1989') and later on for the offence under Section(s) 323, 341 & 302/34 of IPC and under Section 3(2)(v) of the Act of 1989.

2. Learned counsels for the appellant contended that the incident occurred at spur of moment without any premeditation. Drawing attention of this Court towards the FIR and statements of the prosecution witnesses recorded under Section 161 Cr.P.C., learned counsels submitted that only injury on the person of deceased Kalla @ Dhansingh has been attributed to co-accused. They submitted that the appellant is in custody since 11.04.2021, charge sheet has been filed, trial of the case will take time, he has no criminal antecedents and prayed for his release on bail.

3. Opposing the bail application, learned Public Prosecutor assisted by the learned counsel for the

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