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MANOJ KUMAR GARG
Mukesh – 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 appeals have 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.82/2020, Police Station Maroth, District Nagaur for the offences under Sections 147, 148, 149, 354, 302, 323, 341, 120-B of IPC and Sections 3(1)(r)(s)(w), 3(2)(Va) of SC/ST Act, against the order dated 31.03.2021 & 30.06.2021 passed by the learned Special Judge SC/ST (Prevention of Atrocities) Cases, Merta in Criminal Misc. Case (Bail) No.64/2021 & 101/2021 respectively, whereby the bail application preferred on behalf of the appellant under Section 439 Cr.P.C. was rejected.
3. Learned counsel for the appellants submits that the appellants have not committed the offences alleged as against them and they are innocent. It is further submitted that similarly situated co-accused Narayan Ram has already been granted bail by this Court and the case of the present appellants are not distinguishable from that of the co-accused. Challan of the cas
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 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 has the discretion to grant bail after considering the entirety of facts and circumstances of the case.
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 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 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 provisions of the Scheduled Castes and the Scheduled Tribes (Prevention of atrocities) act, particularly in relation to the grant of bail to the accused-app....
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.
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