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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
Chandra Kumar Songara, J.
Babulal – Appellant
Versus
State Of Rajasthan & Ors. – Respondents
S.B. Criminal Appeal No. 507 of 2022
Decided On : 16-08-2022
Bail - SC/ST (Prevention of Atrocities) Act - The court allowed the appeal and granted bail to the accused-appellant based on the overall facts and circumstances of the case, without expressing any opinion on the merits/demerits of the case.
Fact of the Case:
The appellant filed an appeal under Section 14-A(2) of the SC/ST (Prevention of Atrocities) Act against the rejection of his bail application by the Special Judge, SC/ST (Prevention of Atrocities) Cases, Jaipur Metropolitan-I.
Finding of the Court:
The court, after considering the submissions and the material available on record, granted bail to the accused-appellant based on the overall facts and circumstances of the case, without expressing any opinion on the merits/demerits of the case.
Issues: The main issue was the grant of bail to the accused-appellant who was in custody in connection with FIR No.209/2021, registered at Police Station Narena, District Jaipur (Rural) for various offenses.
Ratio Decidendi: The court's decision to grant bail was based on the overall facts and circumstances of the case, without expressing any opinion on the merits/demerits of the case.
Final Decision: The instant appeal was allowed, and the impugned order rejecting the bail application was set aside. The accused-appellant was ordered to be released on bail upon furnishing a personal bond and sureties to the satisfaction of the trial Court.
ORDER
1. The instant appeal has been filed under Section 14-A(2) of the SC/ST (Prevention of Atrocities) Act on behalf of the appellant, who is in custody in connection with FIR No.209/2021, registered at Police Station Narena, District Jaipur (Rural) for the offences under Sections 458, 460, 323, 342, 302, 396, 120-B & 75 of IPC and Section 3(2)(v) of the SC/ST (Prevention of Atrocities) Act against the order dated 10.03.2022 passed by the Special Judge, SC/ST (Prevention of Atrocities) Cases, Jaipur Metropolitan-I, whereby, the bail application preferred under Section 439 Cr.P.C. on behalf of the appellant was rejected.
2. Learned counsel for the appellant submits that in the present case, no recovery has been made from the appellant. Learned counsel further submits that the appellant is neither named in the FIR nor in the statement of complainant who has stated that he saw 5-6 accused persons. Learned counsel further submits that the appellant is behind the bars since 08.12.2021 and the charge-sheet has been filed. Learned counsel also submits that the appellant has no criminal antecedents. Hence, appeal of the accused-appellant may be granted.
3. Learned State Counsel as well as learned counsel for the complainant has strongly opposed the appeal.
4. Heard learned counsel for the parties and perused the material available on record.
5. Considering the submissions made by learned counsel for the appellant and taking into consideration overall facts and circumstances of the case but; without expressing any opinion on the merits/demerits of the case, this Court is of opinion that the appellant deserves to be enlarged on bail.
6. Consequently, the instant appeal is allowed. The impugned order dated 10.03.2022 passed by the Special Judge, SC/ST (Prevention of Atrocities) Cases, Jaipur Metropolitan-I is set aside. It is ordered that the accused-appellant Babulal S/o Hanuman arrested in connection with F.I.R. No.209/2021 registered at Police Station Narena, District Jaipur (Rural) shall be released on bail; provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties in the sum of Rs.25,000/- each to the satisfaction of the learned trial Court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.
The court established that lack of specific allegations in the FIR and witness statements can justify the granting of bail under the SC/ST Act.
The court established that bail should be granted based on parity with co-accused and the anticipated length of the trial.
The court established that in cases involving non-serious charges and prolonged trial durations, bail may be granted even under the SC/ST (Prevention of Atrocities) Act.
The court considered the similarity of allegations with other co-accused persons who had been granted bail and the expected lengthy trial duration as key factors in granting bail to the accused-appel....
The court considered the nature of the offenses, absence of injuries, and expected trial duration in deciding to grant bail to the accused-appellant.
The court established that in cases under the SC/ST (Prevention of Atrocities) Act, the strength of evidence is crucial in determining bail eligibility, and mere allegations without substantial proof....
The court established that the rejection of bail must be justified by substantial reasons, particularly considering the severity of injuries and the duration of custody.
The consideration of the co-accused's bail, charge-sheet filing, and trial duration influenced the court's decision in granting bail to the accused-appellant.
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