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MANOJ KUMAR GARG
Dinesh – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT
Manoj Kumar Garg, J. - Heard learned counsel for the appellant as well as learned learned public prosecutor and perused the material available on record. Despite service, no one is present on behalf of the respondent No.2/complainant.
2. The instant appeal has been filed under Section 14a (2) Scheduled Castes and the Scheduled Tribes (Prevention of atrocities) act on behalf of the appellant, who is in custody in connection with FIR No.18/2022, Police Station Bhawanda, Distt. Nagaur for the offences under Sections 143, 341, 323, 452, 504 of IPC and Sections 3(1)(R)(S), (3)(2)(Va) of SC/ST act, against the order dated 30.03.2022 passed by the learned Special Judge SC/ST (Prevention of atrocities) Cases, Merta (Link Court addl. Sessions Judge No.1, Nagaur) in Criminal Misc. Bail application No.58/2022 whereby, the bail application preferred on behalf of the appellant under Section 439 Cr.P.C. was rejected.
3. Learned counsel for the appellant submits that the appellant has not committed the offences as alleged against him and he is innocent. The appellant is in judicial custody and trial of the case will take sufficient long time. In these circumstances, the appellant may be rel
The court has the discretion to set aside the rejection of a bail application if it deems that the order cannot be sustained based on the facts and circumstances of the case.
The court's decision was influenced by the consideration of the fact of compromise and the entirety of facts and circumstances of the case in setting aside the order rejecting the bail application an....
The court established that the rejection of bail must be justified by substantial reasons, and similar cases should be treated equally under the law.
The court has the discretion to set aside the rejection of a bail application if it deems the order cannot be sustained based on the facts and circumstances of the case.
The court has the discretion to grant bail after considering the entirety of facts and circumstances of the case.
The court has the discretion to set aside the rejection of a bail application after considering the facts and circumstances of the case.
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 has the discretion to set aside the rejection of a bail application if it deems that the circumstances warrant the release of the accused on bail.
The court has the discretion to set aside the rejection of a bail application if it deems that the order cannot be sustained based on the facts and circumstances of the case.
The main legal point established in the judgment is the court's authority to set aside the rejection of a bail application under Section 439 Cr.P.C. and grant bail to the appellant under the SC/ST Ac....
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