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MAHENDAR KUMAR GOYAL
Deepak Singh @ Daal – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT
The present appeal has been filed under Section 14 (A)(2) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act 1989 (hereinafter referred to as "the Act of 1989"). The appellant has been arrested in connection with FIR No.105/2017 registered at Police Station Gandhi Nagar District Ajmer for the offence (s) under Section(s) 365 of IPC and later on for the offences under Section(s) 365, 364, 302, 392, 201 of IPC and Sections 3(2)(V) of the Act of 1989.
It is contended by learned counsel for the appellant that he is not named in the FIR and has falsely been implicated in this case. He submits that main accused Deepak Malik and other co- accused person namely Pradeep @ Lodar and Ankur have been extended benefit of bail either by this Court or by the learned Sessions Court and his case is not distinguishable from their case. He submits that the appellant is in custody since 02.07.2021, chare-sheet has been filed, trial of the case will take time, he has no criminal antecedents and prayed for his release on bail.
Though, the learned Public Prosecutor opposed the prayer but could not dispute that case of the appellant is not distinguishable from the case o
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 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 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....
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 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 established that prolonged judicial custody and the right to a fair trial are significant factors in granting bail under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities)....
The court established that prolonged judicial custody without trial can warrant the granting of bail, emphasizing the importance of a fair trial and adherence to legal procedures under the Scheduled ....
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....
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