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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
Rameshwar Vyas, J.
Roshan Nath – Appellant
Versus
State Of Rajasthan & Ors. – Respondents
S.B. Criminal Appeal No. 67 of 2022
Decided On : 08-02-2022
Scheduled Castes/Scheduled Tribes (Prevention of atrocities) act - Bail Application - The court granted bail to the appellant based on the lack of proof for the allegations and the material available on record, without expressing any opinion on the merits of the case.
Fact of the Case:
The appellant filed an appeal for bail under the Scheduled Castes/Scheduled Tribes (Prevention of atrocities) act in connection with a case involving offences under Sections 341, 323 IPC and Section 3(1)(R)(S) and 3(2)(Va) of the SC/ST (Prevention of atrocities) act.
Finding of the Court:
The court, after considering the rival contentions and perusal of the material available on record, granted bail to the appellant without expressing any opinion on the merits of the case.
Issues: The issues involved allegations of extorting money and offences under Sections 323, 341 IPC and Sections 3(1)(R)(S) and 3(2)(Va) of the SC/ST (Prevention of atrocities) act.
Ratio Decidendi: The court deemed it just and proper to grant bail to the appellant based on the lack of proof for the allegations and the material available on record, without expressing any opinion on the merits of the case.
Final Decision: The instant appeal was allowed, and the impugned order rejecting the bail application was set aside. The accused-appellant was ordered to be released on bail upon furnishing a personal bond and sureties to the satisfaction of the trial court.
JUDGMENT
Rameshwar Vyas, J. - The instant appeal has been filed under Section 14-a of Scheduled Castes/Scheduled Tribes (Prevention of atrocities) act on behalf of the appellant, who is in custody in connection with F.I.R. No. 147/2021 registered at Police Station Dewair, Rajsamand for the offences under Sections 341, 323 IPC and Section 3(1)(R)(S) and 3(2)(Va) of the SC/ST (Prevention of atrocities) act against the order dated 11.01.2022 passed by the learned Special Judge, SC/ST (Prevention of atrocities act) Cases, Rajsamand, whereby, the bail application preferred on behalf of the appellant was rejected.
2. None joined on behalf of the complainant - respondent no.2 despite service of notice upon him.
3. Heard the learned counsel for the parties.
4. Learned counsel for the appellant submits that false and exaggerated allegations have been levelled in the complaint filed by the complainant Suresh. The complaint was sent for investigation under Section 156(3) Cr.P.C. to the police. Though the allegation of extorting money of Rs.15,000/- has been levelled but this allegation has not been proved. Police after investigation has found the offences under Sections 323, 341 IPC and Sections 3(1)(R)(S) and 3(2)(Va) of the SC/ST (Prevention of atrocities) act. In the above, circumstances, learned counsel for the appellant prays that the appeal filed by the appellant deserves to be allowed.
5. On the contrary, learned Public Prosecutor has opposed the appeal.
6. Having regard to the rival contentions of the learned counsel for the parties and after perusal of the material available on record, in the facts and circumstances of the case, without expressing any opinion on the merits of the case, this Court deems it just and proper to grant the bail to the appellant.
7. Consequently, the instant appeal is allowed. The impugned order dated 11.01.2022 passed by the learned Special Judge, SC/ST (Prevention of atrocties act) Cases, Rajsamand, is set aside. It is ordered that the accused-appellant, Roshan Nath S/o Dhanna Nath arrested in connection with F.I.R. No.147/2021 registered at Police Station Dewair, Rajsamand shall be released on bail; provided he furnishes a personal bond of Rs.1,00,000/-with two sound and solvent sureties of Rs. 50,000/- 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 may grant bail to an appellant under the SC/ST (Prevention of atrocities) act based on the circumstances and the bail granted to similarly situated co-accused, without expressing any opinio....
The court's decision to grant bail was influenced by the fact that star witnesses had turned hostile, without expressing any opinion on the merits of the case.
The court's decision was influenced by the provisions of Section 14-a(2) of the SC/ST act, which allowed for the appellant's release on bail based on the circumstances of the case.
The severity of the alleged offence and the likelihood of a prolonged trial are relevant factors in deciding whether to grant bail.
The court considered the age of the prosecutrix, circumstances of the alleged incident, and the delay in filing the report as key factors in granting 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.
The court established that the severity of injuries and absence of prior criminal records are critical considerations in granting bail under the S.C./S.T. (Prevention of Atrocities) Act.
The court established that the rejection of bail must be justified by substantial reasons, particularly considering the severity of injuries and the duration of custody.
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