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KULDEEP MATHUR
Bhagirath – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT
Kuldeep Mathur, J. - The present appeal has been filed by the appellant under Section 14(A)(2) of the SC/ST (Prevention of Atrocities) Act against the order dated 15.10.2022 passed by the learned Special Court, SC/ST (Prevention of Atrocities) Act Cases, Jodhpur Metro in Criminal Misc. Case No.390/2022, arising out of FIR No.273/2022, P.S. Luni, Jodhpur for the offences under Sections 376(2)(n), 384, 366 and 120-B of the Indian Penal Code; Section 67 of the IT Act and Sections 3(1)(w)(ii), 3(2)(v) and 3(2)(va) of the SC/ST (Prevention of Atrocities) Act, whereby the bail application filed under Section 439 of the Code of Criminal Procedure of the appellant has been dismissed.
2. Heard learned counsel for the appellant and learned Public Prosecutor and perused the material available on record.
3. While drawing attention of the Court towards the statement of the prosecutrix recorded under Section 161 Cr.P.C., learned counsel for the appellant submits that from the perusal of the statement of the prosecutrix, it is evident that she has voluntarily stayed with the petitioner at various places including Hyderabad for a period of more than three months. Learned counsel further subm
The Court considered the consent in the relationship and the facts and circumstances of the case in deciding to grant bail to the appellant.
The main legal point established is that the appellant deserves bail based on the facts and circumstances of the case.
Consensual nature of the relationship and likelihood of trial duration as factors in granting bail under the SC/ST Act.
The court has the discretion to grant bail after considering the entirety of facts and circumstances, and the arguments presented.
The court established that bail can be granted under the SC/ST (Prevention of Atrocities) Act when the circumstances indicate that the accused may not pose a flight risk and the trial may take consid....
The court considered the nature of the offenses, absence of injuries, and expected trial duration in deciding to grant bail to the accused-appellant.
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 court established that in cases involving non-serious charges and prolonged trial durations, bail may be granted even under the SC/ST (Prevention of Atrocities) Act.
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