Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(Raj) 1386

RAJASTHAN HIGH COURT
Rameshwar Vyas, J.
Kishan Kumar - Appellant
Versus
State of Rajasthan & Ors. - Respondents
Criminal Appeal No. 744 of 2021
Decided On : 06-10-2021

Advocates appeared:
Kaushal Guatam, Advocate, Sudhir Tak, Advocate, Arjun Nayak, Advocate

The court established that the absence of the appellant's name in the F.I.R. and the granting of bail to co-accused justified the granting of bail to the appellant under the S.C./S.T. (Prevention of Atrocities) Act.

Headnote:
BAIL - S.C./S.T. (Prevention of Atrocities) Act - The court analyzed the bail application under Section 14A of the S.C./S.T. (Prevention of Atrocities) Act, 2015, considering the absence of the appellant's name in the F.I.R. and the fact that co-accused had been granted bail. The court emphasized the principle of parity in bail decisions, leading to the conclusion that the appellant should also be granted bail, thereby setting aside the previous order denying bail.
Fact of the Case:

The appellant, Kishan Kumar @ Pandu, filed a criminal appeal under Section 14A of the S.C./S.T. (Prevention of Atrocities) Act, 2015, challenging the rejection of his bail application by the Special Judge. He was in custody for serious offences, including attempted murder, but was not named in the F.I.R.
Finding of the Court:

The court found that the co-accused had been granted bail and, without commenting on the merits of the case, determined that the appellant's appeal should be accepted based on the circumstances presented.
Issues: Whether the appellant, who was not named in the F.I.R., should be granted bail in light of the co-accused being released on bail.
Ratio Decidendi: The court applied the principle of parity in bail decisions, indicating that similar circumstances should lead to similar outcomes in granting bail.
Result: The appeal was allowed, the previous order denying bail was set aside, and the appellant was granted bail upon fulfilling certain conditions.

JUDGMENT

Rameshwar Vyas, J. - The instant criminal appeal has been filed under Section 14A of the S.C./S.T. (Prevention of Atrocities) Act, 2015 on behalf of the appellant, who is in custody in connection with F.I.R. No. 146/2021, Police Station Gangashahar, District Bikaner for the offences under Sections 307, 341, 323, 147, 148 & 149 of I.P.C. and Section 3(2)(v) of S.C./S.T. (Prevention of Atrocities) Act against the Order dated 19.08.2021 passed by the Special Judge, S.C./S.T. (Prevention of Atrocities) Act Cases, Bikaner whereby the bail application preferred under Section 439 of Cr.P.C. on behalf of the appellant was rejected.

2. Heard learned counsel for the appellant, learned Public Prosecutor and the respondent No. 2/complainant through video conferencing from jail. Perused the material available on record.

3. Learned counsel for the appellant submits that the appellant has not been named in the F.I.R. He further submits that the co-accused Yuvraj has been enlarged on bail by the trial court vide Order dated 20.07.2021 passed in Criminal Misc. Bail Application No. 86/2021. The co-accused Roopraj alias Roopchand has also been enlarged on bail by the trial court vide Order dated 27.07.2021 passed in Criminal Misc. Bail Application No. 101/2021. He, therefore, prays that the appeal of the appellant may be allowed and he may also be enlarged on bail.

4. Learned Public Prosecutor and the respondent No. 2/ complainant opposes the appeal.

5. Having regard to the facts and circumstances of the case and upon a consideration of the arguments advanced and the fact that the co-accused have already been released on bail by the trial court, without commenting upon the merits of the case, this Court is of the opinion that the appeal filed by the appellant deserves to be accepted.

6. Consequently, the instant criminal appeal is allowed. The impugned Order dated 19.08.2021 passed by the Special Judge, S.C./S.T. (Prevention of Atrocities) Act Cases, Bikaner is set aside. It is ordered that the accused-appellant - Kishan Kumar @ Pandu S/o Shiv Narayan arrested in connection with F.I.R. No. 146/2021, Police Station Gangashahar, District Bikaner 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 trial Court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.

Click Here to Read the rest of this document