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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
Vinit Kumar Mathur, J.
Gurdeep Singh – Appellant
Versus
State Of Rajasthan & Ors. – Respondents
S.B. Criminal Appeal No. 66 of 2022
Decided On : 15-02-2022
Bail - SC/ST (Prevention of atrocities) act - The court allowed the appeal and set aside the order rejecting the bail application, granting bail to the accused-appellant with specific conditions.
Fact of the Case:
The appellant filed an appeal under Section 14a(2) SC/ST (Prevention of atrocities) act against the rejection of his bail application in connection with FIR No.269/2021 for offences under Sections 323, 341 of IPC and Section 3(1)(r)(s), 3(2) (Va) of the SC/ST (Prevention of atrocities) act.
Finding of the Court:
After considering the arguments and the entirety of facts and circumstances, the court found that the appellant deserved to be enlarged on bail, and consequently allowed the appeal, setting aside the impugned order and ordering the release of the accused-appellant on bail with specific conditions.
Issues: The main issue was the rejection of the bail application under the SC/ST (Prevention of atrocities) act, and the maintainability of anticipatory bail application in light of relevant legal precedents.
Ratio Decidendi: The court's decision was influenced by the arguments presented, the entirety of facts and circumstances, and the judgment of the Supreme Court in the case of Prithvi Raj Chouhan V/s Union of India reported in (2020) 4 SCC 727, which was cited by the appellant's counsel.
Final Decision: The court allowed the appeal, set aside the impugned order, and ordered the release of the accused-appellant on bail with specific conditions.
JUDGMENT
Vinit Kumar Mathur, J. - The instant appeal has been filed under Section 14a(2) SC/ST (Prevention of atrocities) act on behalf of the appellant, who is in custody in connection with FIR No.269/2021, Police Station Padampur District Sri Ganganagar for the offences under Sections 323, 341 of IPC and Section 3(1)(r)(s), 3(2) (Va) of the SC/ST (Prevention of atrocities) act against the order dated 14.01.2022 passed by the Special Judge, SC/ST (Prevention of atrocities) Cases, Sri Ganganagar whereby, the bail application preferred under Section 438 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 appellant and the complainant are neighbourers and the dispute is with respect to supply of water in the water channel. It is further contended that the said dispute of water turn is already pending consideration before this court and an interim order is passed in the writ petition preferred on 03.03.2021. He also submits that the anticipatory bail application is maintainable in the light of the judgment of Supreme Court in the case of Prithvi Raj Chouhan V/s Union of India reported in (2020) 4 SCC 727.
4. Learned Public Prosecutor and learned counsel for the complainant vehemently oppose the bail.
5. Thus, having regard to the entirety of facts and circumstances as available on record and upon a consideration of the arguments advanced, this Court is of the opinion that the appellant deserves to be enlarged on bail.
6. Consequently, the instant appeal is allowed. The impugned order dated 14.01.2022 passed by the Special Judge, SC/ST (Prevention of atrocities) Cases, Sri Ganganagar is set aside. It is ordered that the accused-appellant Gurdeep Singh S/o Shri Tarsem Singh in connection with FIR No.269/2021, Police Station Padampur District Sri Ganganagar shall be released on bail; provided he furnishes a personal bond in the sum of Rs.50,000/-(Rupees: Fifty Thousand Only) along with two sureties of Rs.25,000/- (Rupees: Twenty Five Thousand Only) each to the satisfaction of the concerned Investigating Officer/S.H.O. on the following conditions :-
(i). that the appellant shall make himself available for interrogation by a police officer as and when required;
(ii). that the appellant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or any police officer; and
(iii) that the appellant shall not leave India without previous permission of the court.
The court's decision was based on the interpretation of the relevant legal provisions under the SC/ST (Prevention of atrocities) act and the application of the judgment of the Supreme Court in a simi....
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 principle of parity in bail applications under the SC/ST (Prevention of Atrocities) Act requires that co-accused in similar circumstances should be granted bail unless there are significant disti....
The court considered the appellant's entitlement to bail based on the circumstances of the case, including the duration of incarceration and the condition of the victim.
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.
The court's decision to grant bail was based on a consideration of the arguments, the statements of the prosecutrix, and the entirety of facts and circumstances available on record.
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 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.
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