ANOOP KUMAR DHAND
Kalu Ram – Appellant
Versus
State – Respondent
JUDGMENT
Anoop Kumar Dhand, J. - The appeal, under Section 14A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short, ?Act of 1989?), is preferred by appellant to assail impugned order dated 08.09.2021, passed by Special Court, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Cases, Pali (for short, ?learned trial Court?) rejecting his bail application.
2. Complainant lodged FIR No.52/2021, registered at Police Station Jaitaran, District Pali against appellant attributing offences under Sections 363, 366 & 376(D) IPC and Section 3(2)(w1), 3(2) (5) of the Act of 1989.
3. It is submitted by learned counsel for the appellant prosecutrix "J" has levelled allegation of committing rape against co-accused Suresh, Aajad and two others and she has not named petitioner as an accused who committed rape with her. It is further stated that no test identification parade of the petitioner was conducted by police and he is not having any criminal antecedents. Lastly, learned counsel has submitted that after completion of investigation, charge-sheet has already been filed and the trial will take its own time.
4. Learned Public Prosecutor has oppose
The court established that in the absence of direct allegations and with the completion of the investigation, bail can be granted even in cases involving serious charges under the Scheduled Castes an....
The court established that the lack of evidence for abetment of suicide is a critical factor in determining the grant of bail under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities....
The court established that in cases involving serious allegations, the presumption of innocence and the circumstances surrounding the accused's detention must be carefully weighed against the nature ....
The court considered the length of time the appellant had been in custody and the expected duration of the trial in granting bail.
The court's decision was primarily based on the statement of the prosecutrix recorded under Section 164 of Cr.P.C and the facts and circumstances of the case, in line with the judgment passed by the ....
Granting bail based on length of custody, filing of charge sheet, and absence of criminal antecedents without expressing opinion on the merits of the case.
The prosecutrix's lack of support for the allegation of rape and the absence of specified injuries influenced the court's decision to grant bail to the accused-appellants.
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 provisions of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, and the interpretations of the same, as well as the specific c....
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....
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