MANOJ KUMAR GARG
Ladunath – Appellant
Versus
State Of Rajasthan – Respondent
JUDGMENT
Manoj Kumar Garg, J. - The instant appeal has been filed under Section 14-a of SC/ST (Prevention of atrocities) act, on behalf of the appellant, who is in custody in connection with F.I.R. No.121/2021, Police Station Begun, District Chittorgarh, for the offences under Sections 147, 148, 341, 342, 323, 327, 307, 302, 384 I.P.C. and Sections 3(2)(V) of SC/ST (Prevention of atrocities) act against the order dated 18.12.2021 passed by the learned Special Judge, SC/ST (Prevention of atrocities Cases), Chittorgarh 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 similarly situated co-accused Yogesh Kumar S/o Ladu Ram (CRLaS No.146/2022), Bheru Lal, Lilashankar, Babu Lal Dhakar, Sunil, Bablu Kumar, Deepak Kumar Rathore & Dinesh Chandra have already been granted bail by this Court and the case of present petitioner is not distinguishable from those of the co-accused. The accused-appellant is in judicial custody 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
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'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 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 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 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 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 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 established that the rejection of bail must be justified by substantial reasons, particularly when similar cases have resulted in bail being granted.
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 in the absence of specific evidence linking accused persons to the alleged crime, bail should be granted, especially when the trial is expected to be prolonged.
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