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MANOJ KUMAR GARG
Dilip Singh – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT
Manoj Kumar Garg, J. - Heard learned counsel for the appellants and the learned Public Prosecutor as well as counsel for the complainant and perused the material available on record.
2. The instant appeals have been filed under Section 14A of SC/ST Act on behalf of the appellants, who are in custody in connection with FIR No.149/2021, Police Station Barloot, District Sirohi for the offences under Sections 153-a and 295 of IPC and Section 3(1)(t) of SC/ST (Prevention of Atrocities) Act, 1989 against the order dated 07.12.2021 passed by learned Special Judge, SC/ST Act Cases, Sirohi, whereby the bail application preferred under Section 439 Cr.P.C. on behalf of the appellants were rejected.
3. It has been submitted on behalf of the appellants that the appellants have falsely been implicated in this case. The accused-appellants are 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-appellants.
4. Learned Public Prosecutor as well as counsel for the complainant have opposed the prayer for bail.
5. Having regard to the entirety of facts and circumstances as available on record a
The court established that the right to bail should be considered in light of the circumstances of the case, including the potential for false implication and the duration of the trial process.
The main legal point established in the judgment is that the circumstances of the case, including the prosecutrix willingly residing with the accused appellant and later filing a false FIR due to fam....
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 established that in the absence of specific evidence linking accused persons to the alleged crime, bail should be granted, especially when the trial is expected to be prolonged.
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 has the discretion to grant bail after considering the entirety of facts and circumstances of the case.
The court's decision to grant bail was influenced by the nature of injuries and the length of the trial, as per the provisions of the SC/ST (Prevention of Atrocities) Act.
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 considered the false implication of the appellant and the existence of a compromise as key factors in setting aside the order rejecting the bail application and ordering the release of the ....
The court has the discretion to grant bail after considering the facts and circumstances of the case, and the rejection of a bail application can be set aside if it is found to be unsustainable.
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