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MANOJ KUMAR GARG
Imam Bax – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT
Manoj Kumar Garg, J. - 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.100/2021, Police Station Chhattargarh, Distt. Bikaner for the offences under Sections 376, 306, 506 IPC and Section 3(2)(v), 3(2)(va) of SC/ST Act, against the order dated 19.08.2021 passed by the learned Special Judge, SC/ST (Prevention of Atrocities) and Additional Sessions Judge, Bikaner in Criminal Misc. Bail Application (CIS) No.1515/2021 whereby, the bail application preferred on behalf of the appellant under Section 439 Cr.P.C. was rejected.
2. Learned counsel for the appellant submits that appellant has not committed the offences as alleged against him and he is innocent. No offence under Section 376 IPC is made out against him. The prosecutrix committed suicide and there is no allegation of abetement as well. The learned court below has grossly erred in law and facts as well as in declining to release the appellant on bail.
3. Per contra, learned Public Prosecutor and learned counsel for the complainant have vehemently opposed the prayer of bail m
The court reinforced the principle that serious allegations under the SC/ST Act, particularly involving minors, necessitate careful consideration in bail applications, prioritizing the gravity of the....
The court reaffirmed that bail under the SC/ST (Prevention of Atrocities) Act requires careful consideration of the seriousness of the allegations and the evidence presented, particularly in cases in....
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'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 has the discretion to set aside the rejection of a bail application 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 the order cannot be sustained based on the facts and circumstances of the case.
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 grant bail after considering the entirety of facts and circumstances of the case.
The court's decision was influenced by the provisions of Section 14-A(1) of SC/ST (PA) Act, which allowed for the grant of bail to the accused-appellant.
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.
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