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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
Manoj Kumar Garg, J.
Naresh & Ors. – Appellant
Versus
State of Rajasthan & Ors. – Respondent
S.B. Criminal Appeal No. 1876 of 2022, S.B. Criminal Appeal (SB) No. 1877 of 2022
Decided On : 03-01-2023
Bail - SC/ST (Prevention of Atrocities) Act - The court set aside the orders rejecting the bail applications for the accused-appellants, holding that the prosecutrix willingly resided with the accused appellant for a long time and later filed a false FIR due to family dispute. The court found that the accused-appellants deserved the benefit of bail due to the circumstances of the case.
Fact of the Case:
The accused-appellants were in custody in connection with FIR No.371/2022, for offenses under Sections 498A, 323, 354, 376 of IPC and Sections 3(1)(r)(s)(w), 3(2)(VA) of SC/ST (Prevention of Atrocity) Act. Their bail applications were rejected by the learned Special Judge, SC/ST (Prevention of Atrocities) Act Cases, Dungarpur.
Finding of the Court:
The court found that the orders rejecting the bail applications cannot be sustained and deserve to be set aside. Consequently, both the appeals were allowed, and the accused-appellants were ordered to be released on bail.
Issues: The main issue was whether the accused-appellants deserved the benefit of bail considering the circumstances of the case, including the prosecutrix willingly residing with the accused appellant and later filing a false FIR due to family dispute.
Ratio Decidendi: The court's decision was influenced by the fact that the prosecutrix willingly resided with the accused appellant for a long time and later filed a false FIR due to family dispute. This led the court to conclude that the accused-appellants deserved the benefit of bail.
Final Decision: The impugned orders rejecting the bail applications were set aside, and the accused-appellants were ordered to be released on bail.
JUDGMENT
Manoj Kumar Garg, J. - Heard the learned counsel for the parties and perused the material available on record.
2. The instant appeals have been filed under Section 14A of SC/ST (PA) Act on behalf of the appellants, who are in custody in connection with FIR No.371/2022, Police Station Kotwali Dungarpur, Dungarpur for the offences under Sections 498A, 323, 354, 376 of IPC and Sections 3(1)(r)(s)(w), 3(2)(VA) of SC/ST (Prevention of Atrocity) Act against the orders dated 17.11.2022 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Act Cases, Dungarpur whereby the bail applications preferred under Section 439 Cr.P.C. on behalf of the appellants were rejected.
3. Counsel for the appellants submits that the prosecutrix is a major lady and she willingly resided with the accused appellant Naresh for a long time and later on, owing to family dispute, she filed a false FIR against the accused appellants. The accused-appellants are in judicial custody and the trial of the case will take sufficient long time to be concluded. Therefore, the benefit of bail should be granted to the accused-appellants.
4. Learned Public Prosecutor has opposed the prayer for bail. Having regard to the entirety of facts and circumstances as available on record and upon a consideration of the arguments advanced at the bar, this Court is of the opinion that the orders rejecting the applications for bail filed on behalf of the appellants, cannot be sustained and deserve to be set aside.
5. Consequently, both the appeals are allowed. The impugned orders dated 17.11.2022 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Act Cases, Dungarpur are set aside. It is ordered that the accused-appellants (1) Naresh S/o Vasudev & (2) Harish S/o Bhemraj arrested in connection with FIR No.371/2022, Police Station Kotwali Dungarpur, Dungarpur shall be released on bail; provided each of them furnishes a personal bond of Rs.1,00,000/- and two surety bonds of Rs.50,000/- each to the satisfaction of the learned trial court with the stipulation to appear before that court on all dates of hearing and as and when called upon to do so.
The main legal point established in the judgment is that the circumstances of the case, including the prosecutrix willingly residing with the accused appellant and later filing a false FIR due to fam....
The court's decision was influenced by the specific allegations against the co-accused and the absence of specific allegations against the present appellant, along with the consideration of the lengt....
The court established that the age of the prosecutrix and the completion of the investigation are significant factors in determining bail under the SC/ST (Prevention of Atrocities) Act.
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 to grant bail was based on the prosecutrix's statement and the length of the trial, highlighting the importance of evidence and the practical considerations of trial duration in ....
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'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's decision was influenced by the provisions of Section 14-A(1) of SC/ST (PA) Act, which allowed for the grant of bail to the accused-appellant.
The court's decision to grant bail to the accused-appellant was based on the consideration of the entirety of facts and circumstances available on record, and the finding that the order rejecting the....
The court has the discretion to grant bail after considering the facts and circumstances of the case, and the rejection of a bail application can be set aside if it is found to be unsustainable.
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