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2022 Supreme(Raj) 2720
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
Manoj Kumar Garg, J.
Pushp Raj Singh @ Pushpendra Singh – Appellant
Versus
State of Rajasthan & Ors. – Respondent
S.B. Criminal Appeal No. 1761 of 2022
Decided On : 07-12-2022
Important Points
Subject
Criminal Law - Bail Applications
Act Referred
INDIAN PENAL CODE : S.344, S.366, S.376, S.376(2)(h)
SCHEDULED CASTES AND SCHEDULED TRIBES PREVENTION OF ATROCITIES ACT : S.14(a), S.3(2)(v)(a)
Headnote
Bail - SC/ST (PA) Act - The court allowed the appeal and set aside the order rejecting the bail application, granting bail to the accused-appellant.
Fact of the Case:
The appellant filed an appeal under Section 14-A of SC/ST (PA) Act against the rejection of his bail application in connection with FIR No.59/2022 for various offenses.
Finding of the Court:
The court, after considering the arguments and the entirety of facts and circumstances, concluded that the order rejecting the bail application cannot be sustained and deserves to be set aside.
Issues: The main issue was the rejection of the bail application filed on behalf of the appellant, who was in custody for various offenses.
Ratio Decidendi: The court's decision was influenced by the fact that specific allegations for committing rape were leveled against the co-accused, while no specific allegations were leveled against the present appellant. The court also considered the lengthy trial process and the absence of pending investigation.
Final Decision: The court allowed the appeal, set aside the impugned order, and ordered the release of the accused-appellant on bail upon fulfilling certain conditions.
Vikram Vaishnav, Advocate, S.K. Mehar, Advocate
JUDGMENT
Manoj Kumar Garg, J. - Heard the learned counsel for the parties and perused the material available on record.
2. The instant appeal has been filed under Section 14-A of SC/ST (PA) Act on behalf of the appellant, who is in custody in connection with FIR No.59/2022, Police Station Sabla, District Dungarpur for the offences under Section 366, 376, 376(2)(h), 344 of IPC and Section 3(2)(Va) of SC/ST (Prevention of Atrocity) Act against the order dated 03.11.2022 passed by learned Special Judge, Schedule Caste & Schedule Tribes (Prevention of Atrocities) Act Cases, Dungarpur whereby the bail application preferred under Section 439 Cr.P.C. on behalf of the appellant was rejected.
3. Counsel for the appellant submits that according to the statement of prosecutrix, specific allegation for committing rape has been levelled against the co-accused Dinesh and present appellant was merely accompanied him in the alleged crime. Counsel further submits that no allegation has been levelled against the present appellant. Challan of the case has already been presented and now no investigation is pending. The accused-appellant is 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-appellant.
4. Learned Public Prosecutor 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 order rejecting the application for bail filed on behalf of the appellant, cannot be sustained and deserves to be set aside.
5. Consequently, the instant appeal is allowed. The impugned order dated 03.11.2022 passed by learned Special Judge, Schedule Caste & Schedule Tribes (Prevention of Atrocities) Act Cases, Dungarpur is set aside. It is ordered that the accused-appellant Pushp Raj Singh @ Pushpendra Singh S/o Joravaar Singh, arrested in connection with FIR No.59/2022, Police Station Sabla, District Dungarpur shall be released on bail; provided he 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.
