MANOJ KUMAR GARG
Kalu Thanvi – Appellant
Versus
State Of Rajasthan – Respondent
JUDGMENT
Manoj Kumar Garg, J. - Heard learned counsel for the appellant as well as learned learned public prosecutor and learned counsel for the complainant . Perused the material available on record.
2. The instant appeal has been filed under Section 14a (2) Scheduled Castes and the Scheduled Tribes (Prevention of atrocities) act on behalf of the appellant, who is in custody in connection with C.R. Case No.86/2022, Police Station Phalodi (Jodhpur) for the offences under Sections 306, 504, 506 of IPC and Sections 3(1)(R)(S), 3(2)(5) of SC/ST act, against the order dated 05.03.2022 passed by the learned Special Judge SC/ST (Prevention of atrocities) Cases, Jodhpur in Criminal Misc. Bail application No.60/2022 whereby, the bail application preferred on behalf of the appellant under Section 439 Cr.P.C. was rejected. Learned counsel for the appellant submits that there is no evidence against the appellant regarding abetment to commit suicide. The appellant has not committed the offences alleged against him and he is innocent. Challan of the case has already been presented and no investigation is pending. The appellant is in judicial lock up and trial of the case will take sufficient long
The court's decision was influenced by the provisions of the Scheduled Castes and the Scheduled Tribes (Prevention of atrocities) act, and the legal principle that the rejection of the bail applicati....
The court has the discretion to set aside the rejection of a bail application if it deems that the order cannot be sustained based on the facts and circumstances of the case.
The court has the discretion to grant bail after considering the facts and circumstances of the case.
The main legal point established in the judgment is that the rejection of bail applications under the SC/ST Act and IPC offenses should be based on specific allegations and the severity of injuries.
The court established that bail applications under the SC/ST Act must be evaluated with careful consideration of all relevant facts, including compromises and the treatment of co-accused.
The court has the discretion to grant bail after considering the entirety of facts and circumstances of the case.
The court's decision was influenced by the interpretation of the bail provisions under the SC/ST Act and the consideration of the circumstances and arguments presented.
The court has the discretion to set aside the rejection of a bail application after considering the facts and circumstances of the case.
The court has the discretion to set aside the rejection of a bail application if it deems that the order cannot be sustained based on the facts and circumstances of the case.
The court's decision was influenced by the consideration of the fact of compromise and the entirety of facts and circumstances of the case in setting aside the order rejecting the bail application an....
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