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KULDEEP MATHUR
Jugat Singh S/o Binjraj Singh – Appellant
Versus
State Of Rajasthan – Respondent
JUDGMENT :
1. The instant appeals under Section 14A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act have been filed by the appellants against the orders dated 16.5.2023 and 7.8.2023 passed by learned Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act Cases, Jaisalmer in Cr. Misc. Case Nos.172/2023 and 336/2023, whereby the bail applications filed by the appellants, who have been arrested in connection with FIR No.15/2023 registered at Police Station Ramdeora, District Jaisalmer, for offences under Section 376, 376(2)(N) of IPC and Section 3(1)(w)(i), 3(2)(v)(va) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, has been rejected.
2. Learned counsel submitted that the appellants have been falsely implicated in a criminal case. Learned counsel submitted that the prosecutrix is in a habit of lodging FIRs by levelling false allegations with a view to extort money. It was submitted that on 15.4.2023, prosecutrix lodged an FIR against appellants at PS Ramdeora, District Jaisalmer bearing FIR No.15/2023 for the offences under Sections 366, 323, 384, 344, 376/511 of IPC and under Section 3(1)(x) of Schedul
The court's decision was primarily based on the statement of the prosecutrix recorded under Section 164 of Cr.P.C and the facts and circumstances of the case, in line with the judgment passed by the ....
The court established that bail can be granted under the SC/ST (Prevention of Atrocities) Act when the trial is expected to be prolonged and no further investigation is pending.
Granting bail based on length of custody, filing of charge sheet, and absence of criminal antecedents without expressing opinion on the merits of the case.
The court established that compliance with procedural requirements and the nature of allegations are critical factors in determining bail under the Scheduled Castes & Scheduled Tribes (Prevention of ....
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