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MAHENDAR KUMAR GOYAL
Ompraksh – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT
Mahendar Kumar Goyal, J. - The present criminal appeal under Section 14-A(1) of the Scheduled Castes & the Scheduled Tribes (Prevention of Atrocities) Act has been filed in connection with FIR No.0346/2021 registered at Police Station Malakheda, District Alwar for the offence under Section(s) 143, 323, 341 & 506 IPC and Section(s) 3(1)(s), 3(1) (w) & 3(2)(va) of SC & ST (Prevention of Atrocities) Act, 1989 (for short ?the Act of 1989?) and later on for the offence under Section(s) 143, 341, 323 & 506 IPC and under Section(s) 3(1)(r) (s)-3(2)(va) of the Act of 1989.
2. Learned counsel for the appellant contends that he has falsely been implicated in this case wherein FIR has been lodged with inordinate delay. With regard to criminal antecedents, learned counsel for the appellant submitted that they are of remote past and do not involve any grave offence. He submitted that the appellant is around 70 years of age, is in custody since 10.08.2021, investigation as against him is complete, except the offence under the provisions of the Act of 1989, rest offences under the Indian Penal Code are triable by Magistrate and prayed for his release on bail.
3. Learned Public Prosecutor ha
The court established that the provisions of the SC/ST (Prevention of Atrocities) Act must be balanced with the rights of the accused, particularly in cases where the allegations are not severe and t....
Bail can be granted under the SC/ST (Prevention of Atrocities) Act based on the absence of prior criminal records and the circumstances surrounding the case, without prejudicing the merits of the cas....
Bail can be granted under the SC/ST (Prevention of Atrocities) Act when the accused demonstrate no prior criminal record, have been in custody for a considerable time, and the charge sheet has been f....
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 court's decision to grant bail was based on the consideration of the nature of allegations, length of custody, and the material contained in the case diary.
The court established that prolonged judicial custody and the right to a fair trial are significant factors in granting bail under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities)....
The court established that in bail considerations, the voluntary actions of the prosecutrix and the absence of criminal antecedents of the accused are significant factors that can influence the decis....
The court's decision to grant bail was influenced by the considerations of the nature of the allegation, length of custody, filing of charge sheet, and the absence of criminal antecedents, without ex....
The court established that compliance with procedural requirements and the nature of allegations are critical factors in determining bail under the Scheduled Castes & Scheduled Tribes (Prevention of ....
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