VINAY JOSHI, VALMIKI SA MENEZES
Govind – Appellant
Versus
State Of Maharashtra – Respondent
JUDGMENT
Vinay Joshi, J. - Heard.
2. By consent of the learned Counsel appearing for the parties, Criminal Appeal is taken up for final disposal at the stage of admission.
ADMIT.
3. This is an appeal under Section 14A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short, 'SC and ST Act') challenging the order of rejection of regular bail passed in Special Case No.67 of 2022 vide order dated 15.09.2022. Both the Appellants were arrested by the Police of Shegaon Police Station, District Buldana in connection with the offence punishable under Sections 376, 324, 354, 354A(1)(i) and 506 of the Indian Penal Code and under Sections 3(1)(w)(i), 3(1)(w)(ii), 3(2), 3(V) and 3(2)(va) of the SC and ST Act.
4. At the instance of report lodged by Victim a married lady aged 21 years, crime has been registered. It is her contention that on 26.03.2022, she alongwith her husband started to reside in the rented premises owned by both the Appellants-accused. Victim's husband used to go out for labour work and in his absence, both the accused were entering in her room and making physical advances. Both of them have also sexually abused her on threat of dire consequenc
The exercise of judicial discretion in granting bail is based on the credibility of the allegations and the absence of misuse of interim protection, despite the completion of police investigation.
The court emphasizes the discretionary nature of bail decisions, considering custody duration and safety of the complainant.
The Court's decision emphasized the importance of cooperation in trial proceedings and compliance with imposed conditions for granting bail under Section 439 of Cr.P.C.
Consistency in witness statements and the accused's criminal background can influence the court's decision on bail applications in serious criminal cases.
The court established that the lack of corroborative evidence and inconsistencies in testimony are critical factors in determining bail under the SC/ST Act.
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