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MANOJ KUMAR GARG
Gorakh Nath – 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 FIR No.99/2021, Police Station Deogarh (Pratapgarh) for the offences under Sections 376(1) & 506 of IPC and Sections 3(2)(va), 3(2)(5) of SC/ST act, against the order dated 09.03.2022 passed by the learned Special Judge SC/ST (Prevention of atrocities) Cases, Pratapgarh in Criminal Misc. (Bail) Case No.15/2022 whereby, the bail application preferred on behalf of the appellant under Section 439 Cr.P.C. was rejected.
3. Learned counsel for the appellant submits that the appellant has falsely been implicated in this case. The prosecutrix is a major and now, a compromise has been arrived in between the parties. In these circumstances, the appellant may be released on bail.
4. Learned Public Prosecutor has opposed the prayer for bail. Learned counsel for the complainant has concurred the fact of compr
The court considered the false implication of the appellant and the existence of a compromise as key factors in setting aside the order rejecting the bail application and ordering the release of the ....
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....
The court's decision was influenced by the provisions of the Scheduled Castes and the Scheduled Tribes (Prevention of atrocities) act, particularly in relation to the grant of bail to the accused-app....
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 set aside the rejection of a bail application if it deems the order cannot be sustained based on the facts and circumstances of the case.
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 circumstances warrant the release of the accused on bail.
The court's decision was influenced by the consideration of the compromise between the parties and the absence of pending investigation in 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 grant bail after considering the entirety of facts and circumstances of the case.
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