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MANOJ KUMAR GARG
Gopal Krishna – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT
Manoj Kumar Garg, J. - The instant appeals have been filed under Section 14A SC/ST Act on behalf of the appellants, who are in custody in connection with F.I.R. No.121/2021, Police Station Begun, District Chittorgarh for the offences under Sections 147, 148, 341, 342, 323, 327, 307, 302, 384 of Indian Penal Code & under Section 3[2][v] of SC/ST Act against the orders dated 21.09.2021 & 15.09.2021 respectively passed by the learned Special Judge SC/ST (Prevention of Atrocities Act) Cases, Chittorgarh whereby, the bail applications preferred under Section 439 Cr.P.C. on behalf of the appellants were rejected.
2. Learned counsel for the appellants submits that two mobile phones were recovered from the possession of co-accused namely Yogesh Suthar and Banwari Rager and in the videos found in both the mobiles, although specific names of the accused persons have been revealed but neither names of present appellants nor their presence appear during the occurrence. No recovery was made from the appellants and no specific role has been assigned to the appellants. The accused-appellants are in judicial custody and the trial of the case will take sufficient long time to be concluded. T
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 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 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 considered the contradictions in the statements of the prosecutrix and the anticipated lengthy trial period as grounds for granting bail to the accused-appellant.
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.
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 grant bail after considering the entirety of facts and circumstances of the case.
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's decision to grant bail was based on the prosecutrix's statement and the length of the trial, highlighting the importance of evidence and the practical considerations of trial duration in ....
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