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RAJASTHAN HIGH COURT
Manoj Kumar Garg, J.
Imam Bax - Appellant
Versus
State of Rajasthan & Ors. - Respondents
Criminal Appeal No. 759 of 2021
Decided On : 16-11-2021
BAIL - SC/ST Act - The court upheld the rejection of bail for the appellant accused of serious offenses under IPC and SC/ST Act, emphasizing the gravity of the allegations, particularly the victim's age and the testimony of a witness indicating threats and rape, which influenced the decision against granting bail.
Fact of the Case:
The appellant is in custody for alleged offenses under IPC and SC/ST Act, including rape and abetment of suicide of a 17-year-old girl. The appellant claims innocence and argues that no offense under Section 376 IPC is made out against him.
Finding of the Court:
The court found that the testimony of the victim's sister indicated that the appellant had committed rape and threatened the victim, leading to her suicide. The court concluded that the evidence presented warranted the denial of bail.
Issues: Whether the appellant is entitled to bail given the serious allegations of rape and the circumstances surrounding the victim's suicide.
Ratio Decidendi: The court determined that the nature of the allegations, particularly the victim's age and the witness's testimony, justified the denial of bail, reflecting the seriousness of the offenses under the SC/ST Act.
Result: The appeal for bail was dismissed, but the appellant was granted the liberty to file a fresh appeal after the recording of the witness's statement.
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 made by the petitioner.
4. I have considered the arguments advanced before me and carefully gone through the material available on record.
5. Apparently, the prosecutrix was 17 years old girl and her sister, namely, Santosh has specifically stated that accused-appellant had committed rape with the deceased and also threatened her of dire consequences due to which she committed suicide. In the facts and circumstance of the case, I am not inclined to extend the benefit of bail to the appellant.
6. Accordingly, this criminal appeal preferred by the appellant is dismissed. However, the appellant is granted liberty to file fresh appeal after recording the statement of Santosh. The trial court is directed to record the statement of the said witness as first witnesses as early as possible preferably within a period of three months from the date of the receipt of certified copy of this order.
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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