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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
Vinit Kumar Mathur, J.
Ram Narayan – Appellant
Versus
State Of Rajasthan & Ors. – Respondents
S.B. Criminal Appeal No. 110 of 2022
Decided On : 17-02-2022
SC/ST (Prevention of atrocities) - Bail Application - The court allowed the appeal and set aside the order rejecting the bail application, considering the simple nature of the injuries sustained by the injured.
Fact of the Case:
The appellant filed an appeal under Section 14a SC/ST (Prevention of atrocities) act against the rejection of his bail application in connection with FIR No.184/2021 for various offenses.
Finding of the Court:
The court, after considering the arguments and the simple nature of the injuries sustained by the injured, allowed the appeal and set aside the impugned order, granting bail to the appellant.
Issues: The main issue was the rejection of the bail application under Section 439 Cr.P.C. on behalf of the appellant.
Ratio Decidendi: The court's decision was influenced by the simple nature of the injuries sustained by the injured and the trivial issue on which the incident occurred.
Final Decision: The appeal was allowed, and the impugned order was set aside, granting bail to the accused-appellant.
JUDGMENT
Vinit Kumar Mathur, J. - The instant appeal has been filed under Section 14a SC/ST (Prevention of atrocities) act on behalf of the appellant, who is in custody in connection with FIR No.184/2021, Police Station Rajiv Gandhi Nagar, Jodhpur for the offences under Sections 323, 341, 458, 384, 308/34 of I.P.C. and 3(1)(r)(s), 3(2)(V)(va) of the SC/ST act against the order dated 18.01.2022 passed by learned Special Judge, SC/ST (Prevention of atrocities) Cases, Jodhpur whereby, the bail application preferred under Section 439 Cr.P.C. on behalf of the appellant was rejected.
2. Heard. Perused the material available on record.
3. It is submitted by learned counsel for the appellant that the injury report of Prabhu Dayal shows that all the injuries sustained by the injured are simple in nature. The incident occurred on a trivial issue in the heat of passion. He, therefore, prays that the appeal of the appellant may be allowed.
4. Learned Public Prosecutor as well as learned counsel for the complainant have vehemently opposed the present appeal.
5. Having regard to the entirety of facts and circumstances as available on record and upon a consideration of the arguments advanced as also considering the fact that the injuries sustained by the injured are simple in nature, this Court is of the opinion that the appeal of the appellant deserves to be allowed.
6. Consequently, the instant appeal is allowed. The impugned order dated 18.01.2022 passed by the learned Special Judge, SC/ST (Prevention of atrocities) Cases, Jodhpur is set aside. It is ordered that the accused-appellant Ram Narayan @ Narayan S/o Shri Pema Ram arrested in connection with F.I.R. No.184/2021, Police Station Rajiv Gandhi Nagar (Jodhpur) shall be released on bail; provided he furnishes a personal bond of Rs. 50,000/- (Rupees: Fifty Thousand Only) and two sureties of Rs. 25,000/-(Rupees: Twenty Five Thousand Only) 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 considered the nature of the injuries and the circumstances of the incident in granting bail to the appellant.
The court considered the nature of the injuries sustained by the victim and the awareness of the counsel regarding the filing of the charge sheet as crucial factors in granting bail to the accused.
The court's decision was based on the consideration of the trivial nature of the incident, the extent of the victim's injuries, and the appellant's period of incarceration in granting bail.
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 entirety of facts and circumstances, and the arguments presented.
The court established that bail can be granted under the SC/ST (Prevention of Atrocities) Act when the circumstances indicate that the accused may not pose a flight risk and the trial may take consid....
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 sufficiency of evidence and the testimony of key prosecution witnesses are crucial factors in deciding bail applications under the Prevention of Atrocities Act.
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 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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