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KULDEEP MATHUR
Bheru S/o Jorawar Singh – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT :
KULDEEP MATHUR, J.
1. The instant appeal under Section 14A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act has been filed by the appellant against the order dated 17.2.2023 passed by learned Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act Cases, Bhilwara in Cr. Misc. Bail Case No. 34/2023, whereby the bail application filed by the appellant, who has been arrested in connection with FIR No. 30/2023 registered at Police Station Subhashnagar, District Bhilwara, for offences under Section 376-D of IPC and Section 3(1)(w)(i), 3(2)(v) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, has been rejected.
2. Learned counsel for the appellant submitted that the appellant has been falsely implicated in the present case. Drawing attention of the Court towards the statement of prosecutrix recorded under Section 164 Cr.P.C. learned counsel for the appellant submitted that the prosecutrix has not levelled any allegation of she being subjected to sexual assault/rape by the present appellant. Learned counsel submitted that there are various contradictions in the contents of FIR, statement of prosecutri
The court granted bail based on the absence of visible injuries on the prosecutrix and the completion of witness statements, reducing the risk of influence.
The court's decision was primarily based on the statement of the prosecutrix recorded under Section 164 of Cr.P.C and the facts and circumstances of the case, in line with the judgment passed by the ....
Prima facie evidence of involvement in the alleged crime, seriousness of accusations, and difficulty in accepting bail at an early stage of the case.
The court established that in cases involving serious allegations, the presumption of innocence and the circumstances surrounding the accused's detention must be carefully weighed against the nature ....
Granting bail based on length of custody, filing of charge sheet, and absence of criminal antecedents without expressing opinion on the merits of the case.
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