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MANOJ KUMAR GARG
Ankit Kumar – 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.351/2021, Police Station Sadar, Bikaner for the offences under Sections 363, 366 of IPC, Section 3(2)(Va) of SC/ST (Prevention of atrocities) act and Sections 84, 85 of J.J. act, against the order dated 07.02.2022 passed by the learned Special Judge SC/ST (Prevention of atrocities) Cases & additional Sessions Judge, Bikaner in Criminal Misc. Bail application No. CIS- 269/2022 whereby the bail application preferred on behalf of the appellant under Section 439 Cr.P.C. was rejected.
3. Learned counsel for the appellant as well as learned counsel for the complainant submit that after investigation, the police is going to file challan against the petitioner for offence under Sections 363, 366 of IPC, Section 3(2)(Va) of SC/ST (Prevention of atrocities) act and Sections 84, 85 of J.J. act but t
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 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 set aside the rejection of a bail application if it deems that the circumstances warrant the release of the accused on bail.
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'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 grant bail based on the circumstances of the case, including the nature of the offenses and the stage of the trial.
The main legal point established in the judgment is that the rejection of bail applications under the SC/ST Act and IPC offenses should be based on specific allegations and the severity of injuries.
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 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 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.
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