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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
Manoj Kumar Garg, J.
Dhirendra Singh – Appellant
Versus
State of Rajasthan & Ors. – Respondent
S.B. Criminal Appeal No. 1894 of 2022
Decided On : 07-12-2022
Bail - SC/ST (Prevention of Atrocities) Act - The court set aside the order rejecting the bail application and granted bail to the accused-appellant based on the nature of injuries and the length of the trial.
Fact of the Case:
The appellant filed an appeal under Section 14-A of SC/ST (Prevention of Atrocities) Act against the rejection of his bail application in connection with a case involving offenses under IPC and SC/ST Act.
Finding of the Court:
The court found that the order rejecting the bail application cannot be sustained and granted bail to the accused-appellant.
Issues: The main issue was the rejection of the bail application filed on behalf of the appellant.
Ratio Decidendi: The court considered the nature of injuries and the length of the trial in granting bail to the accused-appellant.
Final Decision: The instant appeal was allowed, and the impugned order rejecting the bail application was set aside. The accused-appellant was ordered to be released on bail upon fulfilling certain conditions.
JUDGMENT
Manoj Kumar Garg, J. - The instant appeal has been filed under Section 14-A of SC/ST (Prevention of Atrocities) Act, on behalf of the appellant, who is in custody in connection with F.I.R. No.282/2022, Police Station Siwana, District Barmer for the offence under Sections 459, 325, 323/34 of IPC and Sections 3(1)(D)(DHA), 3(2)(v)(va) of SC/ST Act against the order dated 15.11.2022 passed by the learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Balotra whereby, the bail application preferred under Section 439 Cr.P.C. on behalf of the appellant was rejected.
2. Counsel for the appellant submits that according to the injury report of the injured, grievous injuries are found on non-vital part of the body. The accused-appellant is in judicial custody and the trial of the case will take sufficient long time to be concluded. Counsel further submits that the learned court below has grossly erred in law and facts as well in declining to release the appellant on bail. Therefore, it is prayed that the benefit of bail should be granted to the accused-appellant.
3. 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 order rejecting the application for bail filed on behalf of the appellant, cannot be sustained and deserves to be set aside.
4. Consequently, the instant appeal is allowed. The impugned order dated 15.11.2022 passed by the learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Balotra is set aside. It is ordered that the accused-appellant Dhirendra Singh S/o Ajmal Singh, arrested in connection with F.I.R. No.282/2022, Police Station Siwana, District Barmer, 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.
The court's decision to grant bail was influenced by the nature of injuries and the length of the trial, as per the provisions of the SC/ST (Prevention of Atrocities) Act.
The court considered the compromise between the parties and the lengthy trial process as grounds for setting aside the order and granting bail to the accused-appellant.
The court established that the rejection of bail must be justified by substantial reasons, particularly when similar cases have resulted in bail being granted.
The court has the discretion to grant bail after considering the facts and circumstances of the case, and the rejection of bail applications can be set aside if found unsustainable.
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.
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 change in the prosecutrix's statement and the expected lengthy trial duration in granting bail to the accused-appellant.
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.
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