Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(Raj) 1669

RAJASTHAN HIGH COURT
Sandeep Mehta, J.
Neela - Appellant
Versus
State of Rajasthan - Respondent
Criminal Appeal No. 634 of 2021
Decided On : 10-08-2021

Advocates appeared:
Rajendra Singh Rathore, Advocate, A.R. Choudhary, Advocate

Judicial discretion in granting bail under the SC/ST (Prevention of Atrocities) Act must consider the rights of the accused, the nature of the allegations, and the anticipated duration of the trial.

Headnote:
BAIL - SC/ST (Prevention of Atrocities) Act - The court granted bail to the appellant, Smt. Neela, under Section 14A(2) of the SC/ST (Prevention of Atrocities) Amendment Act 2015, emphasizing the need for judicial discretion in granting bail, especially considering the appellant's status as a woman and the lengthy trial process anticipated in the case. The court interpreted the provisions of the SC/ST Act in a manner that balanced the rights of the accused with the seriousness of the allegations, ultimately deciding that the circumstances warranted bail.
Fact of the Case:

Smt. Neela appealed against the rejection of her bail application by the Special Judge, SC/ST (Prevention of Atrocities) Cases, Udaipur, in connection with FIR No.111/2021 for offences under Sections 366 and 370 IPC and Section 3(2)(va) of the SC/ST Act. The complainant alleged that she was abducted and sold, and during this period, she was subjected to rape.
Finding of the Court:

The court found that the investigation and trial would take considerable time and that the appellant, being a woman, deserved the indulgence of bail. The court noted the absence of opposition to the appeal and the overall circumstances of the case.
Issues: Whether the appellant is entitled to bail under the SC/ST (Prevention of Atrocities) Amendment Act 2015 given the nature of the allegations and the circumstances surrounding the case.
Ratio Decidendi: The court held that the provisions of the SC/ST Act allow for judicial discretion in granting bail, particularly in cases where the accused is a woman and where the trial is expected to be prolonged. The court emphasized the importance of balancing the rights of the accused with the seriousness of the charges.
Result: The appeal was allowed, the order rejecting bail was set aside, and Smt. Neela was granted bail on the condition of furnishing a personal bond and sureties.

JUDGMENT

Sandeep Mehta, J. - Notice of the appeal has been served upon the respondent No.2. However, no one has appeared to oppose the appeal on her behalf.

2. Heard. Perused the material available on record.

3. This appeal has been preferred on behalf of the appellant Smt. Neela under Section 14A(2) of the SC/ST (Prevention of Atrocities) Amendment Act 2015 being aggrieved of the order dated 15.07.2021 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Udaipur in CIS No.140/2021 rejecting the bail application preferred on behalf of the appellant who is in custody in connection with FIR No.111/2021, Police Station Phalasiya, District Udaipur, for offences under Sections 366 and 370 IPC and under Section 3(2)(va) of the SC/ST (Prevention of Atrocities) Act.

4. The complainant was allegedly abducted and sold off to Ganpat in the month of November, 2020. She escaped from the clutches of Ganpat and returned home on 29.02.2021 and disclosed all the circumstances to her husband and her parents. However, the FIR came to be submitted in the month of June, 2021. She alleged in the FIR that Ganpat subjected her to rape during this intervening period. The appellant is a woman. Investigation and trial are likely to consume time.

5. Thus, having regard to the overall facts and circumstances of the case, this Court is of the opinion that the appellant deserves indulgence of bail in this case.

6. Consequently, the appeal is allowed. The order dated 15.07.2021 is set aside and it is ordered that the accusedappellant Smt. Neela W/o Shri Bharat arrested in connection with FIR No.111/2021 Police Station Phalasiya, District Udaipur shall be released on bail during pendency of the trial; provided she furnishes personal bond of Rs.50,000/- and two surety bonds of Rs.25,000/- 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.

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