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NUPUR BHATI
Manmohan Singh – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT
Dr. Nupur Bhati, J. - Learned Public Prosecutor submits that notice has been served upon respondent No.2.
2. This criminal appeal under Section 14A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter to be referred as ’the SC/ST Act’) has been filed on behalf of appellant being aggrieved with the order dated 18.01.2023 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Act Cases, Sri Ganganagar (hereinafter to be referred as ’trial court’) in Criminal Misc. Case No.19/2023, whereby the trial court has dismissed the bail application filed on behalf of the appellant.
4. The appellant has been arrested in connection with FIR No.16/2023 of Police Station, Shadulshahar, District Sri Ganganagar for the offences punishable under Sections 365, 364A, 382, 342, 323 IPC and Sections 3(1)(R)(S), 3(2)(V) of SC/ST Act.
5. Mr. Jagroop Singh, petitioner’s brother, present in person submits that the appellant has falsely been implicated in this case and he is behind the bars.
6. Learned Public Prosecutor submits that the co-accused persons namely Sandeep @ Sonu S/o Kundan Lal and Rakesh Kumar S/o Ramprakash have already been enlarged
The court has the discretion to allow an appeal under Section 14-A(2) of SC/ ST Act and grant bail to the accused, considering the totality of the facts and circumstances of the case.
The court has the discretion to allow bail under Section 14-A of the SC/ST Act based on the totality of the facts and circumstances of the case.
The court granted bail due to insufficient evidence from hostile witnesses and the potential for false implications, emphasizing the importance of a fair trial.
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 court's decision was based on the interpretation of Section 14-A(2) of the SC/ST Act, considering the totality of the facts and circumstances of the case.
The court's decision was based on the interpretation of Section 14-A of the SC/ST Act in allowing the appeal and granting bail to the 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.
The court established that the right to bail should be considered in light of the circumstances of the case, including the potential for false implication and the duration of the trial process.
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 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.
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