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MANOJ KUMAR GARG
Devkaran – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT
Manoj Kumar Garg, J. - This is the second criminal appeal preferred by the appellant under Section 14A (2) Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act. The first bail application of the appellant was dismissed as not pressed vide order dt. 16.07.2021.
2. Heard learned counsel for the appellant and learned public prosecutor. Perused the material available on record.
3. The appellant is in custody in connection with C.R. No.170/2021, Police Station Makrana, Distt. Nagaur for the offences under Sections 376 IPC and Section 3(1)(2)(ii), 3(2)(va) of SC/ST (Prevention of Atrocities) Act, against the order dated 04.09.2021 passed by the learned Special Judge SC/ST (Prevention of Atrocities) Cases, Merta in Criminal Misc. Case (Bail) No.144/2021, whereby the bail application preferred on behalf of the appellant under Section 439 Cr.P.C. was rejected.
4. Learned counsel for the appellant submits that the appellant has not committed the offences as alleged against him and he is innocent. It is further submitted that challan of the case has been presented and there are material contradictions in the statements of the prosecutrix recorded under Section 161 and
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 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 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's decision to grant bail was based on the consideration of the entirety of facts and circumstances available on record, highlighting the importance of a thorough review of the case before m....
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 court established that consent in a marital context can influence bail decisions under the SC/ST (Prevention of Atrocities) Act, highlighting the necessity for careful consideration of all facts ....
The court's decision was influenced by the specific allegations against the co-accused and the absence of specific allegations against the present appellant, along with the consideration of the lengt....
The court has the discretion to grant bail based on the circumstances of the case, including the nature of the offenses and the stage of the trial.
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