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MANOJ KUMAR GARG
Insaf – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT
Manoj Kumar Garg, J. - Heard learned counsel for the appellant and learned public prosecutor. Perused the material available on record.
2. The instant appeal has been filed under Section 14A (2) Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act on behalf of the appellant, who is in custody in connection with FIR No.158/2021, Police Station Udaimandir,
3. District Jodhpur, for the offences under Sections 143, 323, 452, 386, 379, 354, 365 of IPC and under Section 3(2) (va) of Scheduled Caste / Scheduled Tribe (Prevention of Atrocities) Act against the order dated 26.08.2021 passed by the learned Special Judge SC/ST (Prevention of Atrocities) Cases, Jodhpur in Criminal Misc. Case Bail Case No.274/2021 whereby, the bail application preferred on behalf of the appellant under Section 439 Cr.P.C. was rejected.
4. Learned counsel for the appellant submits that the appellant has not committed the offences as alleged against him and he is innocent. The learned court below has grossly erred in law and facts as well as in declining to release the appellant on bail. It is also submitted that compromise has arrived between the parties and co accused have already been
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.
The court has the discretion to set aside the rejection of a bail application if it deems that the circumstances warrant the release of the accused on bail.
The court's decision was influenced by the consideration of the fact of compromise and the entirety of facts and circumstances of the case in setting aside the order rejecting the bail application an....
The court has the discretion to set aside the rejection of a bail application after considering the facts and circumstances of the case.
The court established that the rejection of bail must be justified by substantial reasons, and similar cases should be treated equally under the law.
The court has the discretion to grant bail after considering the entirety of facts and circumstances of the case.
The court established that consent in a marital context can influence bail decisions under the SC/ST (Prevention of Atrocities) Act, highlighting the necessity for careful consideration of all facts ....
The main legal point established in the judgment is the court's authority to set aside the rejection of a bail application under Section 439 Cr.P.C. and grant bail to the appellant under the SC/ST Ac....
The court established that the rejection of bail must be justified by substantial reasons, particularly when similar cases have resulted in bail being granted.
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