MANOJ KUMAR GARG
Dargaram – Appellant
Versus
State Of Rajasthan – Respondent
JUDGMENT
Manoj Kumar Garg, J. - The instant appeal has been filed under Section 14-a(2) SC/ ST (Prevention of atrocities) amended act on behalf of the appellant, who is in custody in connection with FIR No.134/2020, Police Station Bhadrajun, District Jalore for the offences under Sections 354 and 376(1) of the IPC and under Section 3(2)(W)(I) (2) of S.C./S.T. act against the order dated 27.04.2022 passed by the learned Special Judge SC/ST (Prevention of atrocities) act Cases, Jalore, whereby, the bail application preferred under Section 439 Cr.P.C. on behalf of the appellant was rejected.
2. Counsel for the appellant submits that the accused-appellant has jumped the bail on 21.04.2022 and surrendered on 26.04.2022. He submits that one more opportunity may be granted to the accused-appellant and in future he will attend each and every date of hearing before the trial court and the trial of the case will take sufficient long time to be concluded. Therefore, the benefit of bail should be granted to the accused-appellant. The learned court below has grossly erred in law and facts as well as well in declining to release the appellant on bail.
3. Learned Public Prosecutor has opposed the pr
The court has the discretion to grant bail after considering the facts and circumstances of the case, and the order rejecting the bail application can be set aside if found unsustainable.
The court's decision to grant bail to the accused-appellant was based on the consideration of the entirety of facts and circumstances available on record, and the finding that the order rejecting the....
The court has the discretion to grant bail after considering the facts and circumstances of the case, and the rejection of a bail application can be set aside if it is found to be unsustainable.
The court considered the contradictions in the statements of the prosecutrix and the anticipated lengthy trial period as grounds for granting bail to the accused-appellant.
The court's decision to grant bail was based on the consideration of the entirety of facts and circumstances available on record, highlighting the importance of a thorough review of the case before m....
The court established that the age of the prosecutrix and the completion of the investigation are significant factors in determining bail under the SC/ST (Prevention of Atrocities) Act.
The court's decision to grant bail was based on the prosecutrix's statement and the length of the trial, highlighting the importance of evidence and the practical considerations of trial duration in ....
The court considered the compromise between the parties and the lengthy trial process as grounds for setting aside the order and granting bail to the accused-appellant.
The court's decision to grant bail was influenced by the nature of injuries and the length of the trial, as per the provisions of the SC/ST (Prevention of Atrocities) Act.
The court established that the rejection of bail must be justified by substantial reasons, particularly when similar cases have resulted in bail being granted.
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