Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(Raj) 1327

RAJASTHAN HIGH COURT
Sudesh Bansal, J.
Vikas - Appellant
Versus
State of Rajasthan & Ors. - Respondents
Criminal Appeal No. 1054 of 2021
Decided On : 20-11-2021

Advocates appeared:
Mahender Singh Soni, Advocate, Javed Gour, Advocate, Kuldeep Sharma, Advocate

The court established that prolonged judicial custody and the nature of the offences can justify the granting of bail under the SC/ST (Prevention of Atrocities) Act.

Headnote:
BAIL - SC/ST (Prevention of Atrocities) Act - The court granted bail to the appellant, emphasizing that the alleged offences are triable by a Magistrate and considering the duration of judicial custody, thus allowing the appellant's release pending trial under specific conditions.
Fact of the Case:

The appellant, Vikas, was in custody for offences under IPC and the SC/ST (Prevention of Atrocities) Act. His bail application was rejected by the Special Judge, prompting this appeal.
Finding of the Court:

The court found that the offences were triable by a Magistrate and noted the appellant's prolonged judicial custody, leading to the conclusion that he deserved bail.
Issues: Whether the appellant should be granted bail considering the nature of the offences and the duration of his custody.
Ratio Decidendi: The court determined that the nature of the offences and the time spent in custody warranted the granting of bail, as the trial could take considerable time.
Result: The appeal was allowed, the previous order was set aside, and the appellant was granted bail under specified conditions.

JUDGMENT

Sudesh Bansal, J. - Notice of the appeal has been served upon the respondent No.2. Mr. Kuldeep Sharma puts in appearance on behalf of respondent No.2.

2. Heard the learned counsels and perused the material available on record.

3. This appeal has been preferred on behalf of the appellant under Section 14A(2) of the SC/ST (Prevention of Atrocities) Amendment Act, 2015 being aggrieved of the order dated 30.10.2021 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Sriganganagar in Criminal Case No.398/2021 rejecting the bail application preferred on behalf of the appellant who is in custody in connection with FIR No.314/2021 of Police Station Nai Mandi Gharsana, District Sriganganagar, for offences under Sections 341, 354 & 354 D IPC and Section 3 (1)(W)(i) SC/ ST (Prevention of Attrocities) Act.

4. Learned counsel for the appellant submits that the offences under the IPC alleged against the appellant are triable by a Magistrate and the appellant is in judicial custody since his arrest and conclusion of investigation/trial may take its own time.

5. Learned Public Prosecutor as well as learned counsel for the complainant have opposed the appeal.

6. In this background and having regard to the overall facts and circumstances of the case, particularly looking to the fact that the offences under IPC alleged against the appellant are triable by a Magistrate and the appellant is in judicial custody since his arrest and conclusion of investigation/trial may take its own time, this Court is of the opinion that the appellant deserves indulgence of bail in this case.

7. Consequently, the appeal is allowed. The order dated 30.10.2021 is set aside and it is ordered that the accused-appellant Vikas S/o Sh. Hanuman Prasad arrested in connection with FIR No.314/2021 of Police Station Nai Mandi Gharsana, District Sriganganagar shall be released on bail during pendency of the trial; provided he furnishes personal bond of Rs.50,000/- and two surety bonds of Rs.25,000/- 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.

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