Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(Raj) 1474

RAJASTHAN HIGH COURT BENCH AT JAIPUR
Mahendar Kumar Goyal, J.
Deepak Singh @ Daal - Appellant
Versus
State of Rajasthan - Respondent
S.B. Criminal Appeal No. 1592/2021
Decided On : 10-11-2021

Advocates appeared:
Mr. Ripu Daman Singh Naruka, Advocate, for the Appellant; Mr. F.R. Meena, PP, for the Respondent

The principle of equal treatment in bail applications for co-accused under similar circumstances is a key legal point established in this judgment.

Headnote:
BAIL - SCHEDULED CASTES AND SCHEDULED TRIBES (PREVENTION OF ATROCITIES) ACT - The court analyzed the provisions of Section 14(A)(2) of the Act of 1989, emphasizing the importance of equal treatment in bail applications for co-accused. The court highlighted the absence of distinguishing factors between the appellant and co-accused who were granted bail, leading to the decision to grant bail to the appellant while ensuring compliance with legal conditions.
Fact of the Case:

The appellant was arrested in connection with serious offences under the IPC and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. He claimed false implication and sought bail, noting that co-accused had been granted bail.
Finding of the Court:

The court found that the appellant's case was not distinguishable from that of the co-accused who had been granted bail. The court considered the nature of allegations, length of custody, and absence of criminal antecedents.
Issues: Whether the appellant is entitled to bail given the circumstances of his case and the treatment of co-accused.
Ratio Decidendi: The court established that equal treatment in bail matters is essential, especially when co-accused are granted bail under similar circumstances. The absence of distinguishing factors justified the granting of bail to the appellant.
Result: The appeal was allowed, the previous order denying bail was quashed, and the appellant was granted bail under specified conditions.

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 of the co-accused persons, who have been extended benefit of bail either by this Court or by the learned Sessions Court.

Taking into consideration the submissions advanced by learned counsel for the appellant, the nature of allegation against him, his length of custody, filing of the charge-sheet, the material contained therein, absence of criminal antecedents and release of co-accused persons 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 30.09.2021 passed by the learned Special Judge, SC/ST (POA) Cases, Ajmer (Rajasthan) is quashed and set- aside and the appeal is accordingly allowed and it is directed that accused-appellant Deepak Singh @ Daal Son of Shri Raju Singh shall be released on bail provided each of them furnishes a personal bond in the sum of Rs.100,000/- (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 and shall comply with all the conditions laid down under Section 437(3) Cr.P.C.

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