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MANOJ KUMAR GARG
Ummedsingh – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT
Manoj Kumar Garg, J. - The instant appeal has been filed under Section 14A SC/ST (Prevention of Atrocities) Act on behalf of the appellant, who is in custody in connection with F.I.R. No.182/2021, Police Station Rajiv Gandhi Nagar, District Jodhpur Metropolitan for the offences under Sections 452, 448, 506, 323, 341/34 IPC and Section 3(1)(r)(s), 3(2)(va) of the SC/ST (Prevention of Atrocities) Act against the order dated 21.10.2021 passed by the learned Special Judge Scheduled Cast/Scheduled Tribe (Prevention of Atrocities Act Cases), Jodhpur Metropolitan whereby, the bail application preferred under Section 439 Cr.P.C. on behalf of the appellant was rejected.
2. Counsel for the appellant appeared and submits that similarly situated co-accused Bhom Singh has already been enlarged on bail and the case of the petitioner is similar to that of the co-accused. Accused-appellant is in judicial custody and the trial of the case will take sufficient long time to be concluded. Therefore, the benefit of bail should be granted to the accused-appellant. The learned court below has grossly erred in law and facts as well in declining to release the appellant on bail.
3. Learned Public Pro
The court established that the rejection of bail must be justified by substantial reasons, particularly when similar cases have resulted in bail being granted.
The court considered the contradictions in the statements of the prosecutrix and the anticipated lengthy trial period as grounds for granting bail to the accused-appellant.
The court's decision was influenced by the change in the prosecutrix's statement and the expected lengthy trial duration in granting bail to the accused-appellant.
The court's decision to grant bail was based on the prosecutrix's statement and the length of the trial, highlighting the importance of evidence and the practical considerations of trial duration in ....
The court's decision to grant bail to the accused-appellant was based on the consideration of the entirety of facts and circumstances available on record.
The court established that bail applications under the SC/ST Act must be evaluated with careful consideration of all relevant facts, including compromises and the treatment of co-accused.
The court has the discretion to grant bail after considering the facts and circumstances of the case, and the rejection of bail applications can be set aside if found unsustainable.
The court established that the age of the prosecutrix and the completion of the investigation are significant factors in determining bail under the SC/ST (Prevention of Atrocities) Act.
The court established that the rejection of bail must be justified by substantial reasons, particularly in cases involving compromises and the health status of the injured party.
The court has the discretion to grant bail after considering the entirety of facts and circumstances of the case.
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