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KULDEEP MATHUR
Balkaran Singh – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT
Kuldeep Mathur, J. - The instant appeal has been filed under Section 14(A)(2) of the SC/ST (Prevention of Atrocities) Act on behalf of the appellant, who is in custody in connection with FIR No.217/2022 registered at Police Station 217/2022, District Mahila Thana, District Sriganagar for the offences under Section 376 of IPC and Section 3(2)(V) of SC/ST (POA) Act.
2. Heard learned counsel for the appellant and Public Prosecutor for the State and learned counsel for the complainant. Perused the material available on record.
3. It is submitted by learned counsel for the appellant that petitioner and complainant had consensual relationship. Learned counsel further submitted that from the statement of the prosecutrix, it is clear that she had voluntarily travelled with him to various public places. Learned counsel further submitted that even the alleged video has been recovered from the mobile of prosecutrix. He further submits that the appellant is in judicial custody since long and the trial of the case will take sufficiently long time to conclude. Thus, learned counsel submits that benefit of bail may be extended to the appellant.
Per contra, learned Public Prosecutor vehementl
The Court considered the consent in the relationship and the facts and circumstances of the case in deciding to grant bail to the appellant.
Consensual nature of the relationship and likelihood of trial duration as factors in granting bail under the SC/ST Act.
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 ruled that prolonged detention without trial is unjustified, especially when co-accused granted bail under similar circumstances.
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.
The entitlement of the appellant to be released on bail during the trial under Section 14-A(2) of the SC/ST (Prevention of Atrocities) Amendment Act 2015 was established based on the overall facts an....
The court's decision was based on the interpretation of the relevant legal provisions under the SC/ST (Prevention of atrocities) act and the application of the judgment of the Supreme Court in a simi....
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