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RAJASTHAN HIGH COURT BENCH AT JAIPUR
Devendra Kachhawaha, J.
Lokendra Singh - Appellant
Versus
State of Rajasthan & Ors. - Respondents
S.B. Criminal Appeal No. 898/2021
Decided On : 06-07-2021
BAIL - SC/ST (Prevention of Atrocities) Act - The court granted bail to the appellant, emphasizing the nature of the injuries attributed to him and the precedent of co-accused being granted bail. The court interpreted the provisions of the SC/ST Act and the Criminal Procedure Code, concluding that the appellant deserved bail without delving into the case's merits.
Fact of the Case:
The appellant, Lokendra Singh, was in custody for serious offenses under the IPC and the SC/ST (Prevention of Atrocities) Act. His bail application was rejected by the Special Judge, prompting an appeal.
Finding of the Court:
The court noted that the injury attributed to the appellant was simple, and co-accused had been granted bail under similar circumstances. The court found that the appellant deserved bail based on these considerations.
Issues: Whether the appellant should be granted bail despite the serious charges against him, considering the nature of the injuries and the bail granted to co-accused.
Ratio Decidendi: The court held that the nature of the injury attributed to the appellant was a significant factor in deciding bail, alongside the precedent of co-accused receiving bail.
Result: The appeal was allowed, the previous order denying bail was set aside, and the appellant was granted bail under specified conditions.
JUDGMENT
The instant appeal has been filed under Section 14A(2) SC/ST (Prevention of Atrocities) Act on behalf of the appellant, who is in custody in connection with FIR No.14/2021, Police Station Diholi, District Dholpur for the offences under Sections 147, 148, 149, 323, 341, 302 of I.P.C. and Sections 3(1)(s), 3 (1) (r), 3(2) (va) and 3 (2) (v) of the SC/ST (Prevention of Atrocities) Act (later on charge-sheet has been filed for the offences under Sections 147, 148, 149, 323, 341, 302 of IPC and Sections 3-1- (R)-(S), 3-2-(VA), 3-2-(v) of SC/AT Act), against the order dated 18.05.2021 passed by the Special Judge, SC/ST (Prevention of Atrocities) Cases, Dholpur, whereby, the bail application preferred under Section 439 Cr.P.C. on behalf of the appellant was rejected.
Heard learned counsel for the appellant and learned Public Prosecutor as well as learned counsel for the complainant appearing through video conferencing. Perused the material available on record.
Learned counsel for the appellant stated that benefit of bail has already been granted to co-accused Samundar Singh and Gambhir Singh by a co-ordinate Bench of this Court in S.B. Crl. Appeal No. 875/2021 and 862/2021 vide order dated 25.05.2021; allegations against the petitioner are similar in nature to that of co-accused Samundar Singh; grievous injury has been caused by co-accused Rahul; injury attributed to Bidha Ram is simple in nature. Therefore, benefit of bail may be granted to the accused- appellant.
Per contra, learned Public Prosecutor present in person and counsel for the complainant appearing through video conferencing seriously opposed the bail application and stated that total five persons injured in this case and accused collectively assaulted by the injured.
Having regard to the entirety of facts and circumstances of the case and particularly to the fact that injury attributed to the appellant is simple in nature and benefit of bail has already been granted to the co-accused; therefore, without expressing any opinion on the merits/demerits of the case, this Court is of the opinion that the appellant deserves to be enlarged on bail.
Consequently, the instant appeal is allowed. The impugned order dated 18.05.2021 passed by the Special Judge, SC/ST (Prevention of Atrocities) Cases, Dholpur is set aside. It is ordered that the accused-appellant Lokendra Singh Son of Shri Vishambhar, arrested in connection with F.I.R. No.14/2021, Police Station Diholi, District Dholpur shall be released on bail; provided he furnishes a personal bond of Rs. 50,000/- (Rupees: Fifty Thousand Only) and two sureties of Rs. 25,000/-(Rupees: Twenty Five Thousand Only) 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.
The court established that in cases involving non-serious charges and prolonged trial durations, bail may be granted even under the SC/ST (Prevention of Atrocities) Act.
The court considered the nature of the offenses, absence of injuries, and expected trial duration in deciding to grant bail to the accused-appellant.
The court established that bail should be granted based on parity with co-accused and the anticipated length of the trial.
The court established that bail can be granted under the SC/ST (Prevention of Atrocities) Act when the circumstances indicate that the accused may not pose a flight risk and the trial may take consid....
The court has the discretion to grant bail after considering the entirety of facts and circumstances, and the arguments presented.
The court's decision to grant bail was influenced by the nature of injuries and the length of the trial, as per the provisions of the SC/ST (Prevention of Atrocities) Act.
The court considered the similarity of allegations with other co-accused persons who had been granted bail and the expected lengthy trial duration as key factors in granting bail to the accused-appel....
Bail can be granted in the absence of specific allegations against accused, especially when prolonged detention is involved.
The court established that the rejection of bail must be justified by substantial reasons, particularly when similar cases have resulted in bail being granted.
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