Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(Raj) 1799

RAJASTHAN HIGH COURT BENCH AT JAIPUR
Mahendar Kumar Goyal, J.
Yogendra Singh Shekhawat - Appellant
Versus
State of Rajasthan - Respondent
S.B. Criminal Appeal No. 1286/2021
Decided On : 31-08-2021

Advocates appeared:
Mr. Santosh Singh Shekhawat, Advocate, for the Appellant; Mr. Laxman Meena, PP, for the Respondent; Mr. Govind Gupta, Advocate, for the Complainant

The court established that the absence of criminal antecedents and the length of custody are significant factors in determining the grant of bail, especially in cases involving serious allegations under the Scheduled Castes and Tribes (Prevention of Atrocities) Act.

Headnote:
BAIL - SCHEDULED CASTES AND TRIBES (PREVENTION OF ATROCITIES) ACT - The court considered the appellant's lack of criminal antecedents, the nature of the allegations, and the fact that a co-accused had been granted bail. The court emphasized the importance of balancing the rights of the accused with the seriousness of the charges, ultimately deciding to grant bail while ensuring the appellant's obligation to appear in court.
Fact of the Case:

The appellant, Yogendra Singh Shekhawat, was arrested in connection with serious charges under the IPC and the Scheduled Castes and Tribes (Prevention of Atrocities) Act. He contended that he was falsely implicated due to a dispute with a co-accused with whom the prosecutrix had a live-in relationship.
Finding of the Court:

The court found that the appellant had been in custody for an extended period, had no prior criminal record, and that the main accused had already been granted bail. The court deemed it appropriate to grant bail to the appellant without commenting on the merits of the case.
Issues: Whether the appellant should be granted bail considering the nature of the allegations, his custody duration, and the absence of criminal antecedents.
Ratio Decidendi: The court held that the right to bail is a fundamental aspect of justice, particularly when the accused has no prior criminal history and the co-accused has been granted bail, indicating a potential for similar treatment.
Result: The appeal was allowed, the previous order denying bail was quashed, and the appellant was granted bail upon furnishing a personal bond and sureties.

JUDGMENT

The present appeal has been filed under Section 14-A(2) of the Act of Scheduled Castes and Tribes (Prevention of Atrocities) Act, 1989 (for brevity, "the Act of 1989"). The appellant has been arrested in connection with FIR No.376/2021 registered at Police Station Pratap Nagar District Jaipur City (East) for the offence (s) under Section(s) 376-D of IPC and Sections 3(1)(b), 3(1)(i)(ii), 3(2) (V) of the Act of 1989 and later on for the offence (s) under Section(s) 376-D of IPC and Sections 3(1)(B)(i)(ii), 3(2) (V) of the Act of 1989.

It is contended by the learned counsel for the appellant that the prosecutrix was residing in live-in relationship with co-accused Rahul Singh Shekhawat for a period of last two and a half years. He submitted that on account of some dispute between them, the appellant has falsely been implicated in this case. Learned counsel submitted that the appellant is in custody since 22.07.2021, investigation as against him is complete, he has no criminal antecedents, main accused Rahul Singh Shekhawat has already been extended benefit of bail by this Court, the dispute has amicably been settled between the parties and prayed for his release on bail.

Learned Public Prosecutor has opposed the appeal. Learned counsel for the complainant submitted that he has no objection if the appellant is extended benefit of bail.

Taking into consideration the submissions advanced by learned counsels for the respective parties, the nature of allegation against him, his length of custody, the material available on record, absence of criminal antecedents and especially release of co-accused Rahul Singh Shekhawat on bail by this Court; but, without expressing any opinion on the merits of the case, this Court deems it just and proper to enlarge the appellant on bail.

The order dated 23.07.2021 passed by the learned Special Judge, SC/ST (POA) Cases, Jaipur Metropolitan-I is quashed and set-aside and the appeal is accordingly allowed and it is directed that accused-appellant Yogendra Singh Shekhawat S/o Late Shri Prakash Singh Shekhawat shall be released on bail provided he furnishes a personal bond in the sum of Rs.1.00,000/- (Rupees One Lac Only) together with two sureties in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) each to the satisfaction of the learned Trial Court with the stipulation that he shall appear before that Court and any Court to which the matter is transferred, on all subsequent dates of hearing and as and when called upon to do so.

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