MAHENDAR KUMAR GOYAL
Yogendra Singh Shekhawat – Appellant
Versus
State of Rajasthan – Respondent
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.
Learne
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 un....
The principle of equal treatment in bail applications for co-accused under similar circumstances is a key legal point established in this judgment.
The court established that in bail considerations, the voluntary actions of the prosecutrix and the absence of criminal antecedents of the accused are significant factors that can influence the decis....
The court established that bail can be granted under the SC/ST (Prevention of Atrocities) Act when the nature of allegations does not involve serious offenses and the investigation is complete.
The court's decision to grant bail was based on the consideration of the nature of allegations, length of custody, and the material contained in the case diary.
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 ....
The court's decision was based on the nature of the allegations, the material in the case diary, and the filing of a complaint under Sections 107 & 151 Cr.P.C. for the same incident, without expressi....
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.
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