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RAJASTHAN HIGH COURT BENCH AT JAIPUR
Mahendar Kumar Goyal, J.
Rahul Sharma & Ors. - Appellants
Versus
State of Rajasthan & Ors. - Respondents
Criminal Appeal No. 1358, 1359 of 2021
Decided On : 27-09-2021
BAIL - SC/ST (Prevention of Atrocities) Act - The court granted bail to the appellants considering the nature of allegations, their length of custody, absence of criminal antecedents, and the filing of the charge sheet, while emphasizing the need for a fair trial without expressing an opinion on the merits of the case.
Fact of the Case:
The appellants were implicated in FIR No.0231/2021 for various offenses under IPC and the SC/ST (Prevention of Atrocities) Act. They contended that they were falsely accused and sought bail due to their custody duration and lack of prior criminal records.
Finding of the Court:
The court found that the nature of the allegations, the length of custody, and the absence of criminal antecedents warranted the granting of bail, despite the serious nature of the charges.
Issues: Whether the appellants should be granted bail considering the nature of the allegations and their circumstances.
Ratio Decidendi: The court emphasized that bail can be granted when the accused have no criminal history, have been in custody for a significant time, and the charge sheet has been filed, without delving into the merits of the case.
Result: The appeals were allowed, and the orders of the Special Judge were quashed, leading to the release of the appellants on bail under specified conditions.
JUDGMENT
Mahendar Kumar Goyal, J. - The present criminal appeals under Section 14(2)(A) of the Scheduled Castes & the Scheduled Tribes (Prevention of Atrocities) Act has been filed in connection with FIR No.0231/2021 registered at Police Station Maniya, District Dholpur for the offence under Section(s) 143, 323, 341, 504, 336 & 379 IPC and Section(s) 3(1) (r) & 3(1)(s) of SC & ST (Prevention of Atrocities) Act, 1989 (for short ?the Act of 1989?) and later on for the offence under Section(s) 143, 323, 341, 504 & 325 IPC and under Section(s) 3(1)(R)(S) & 3(2)(VA) of the Act of 1989.
2. Learned counsels for the appellants contended that they have falsely been implicated in this case. They submitted that even otherwise also, offence does not travel beyond the scope of Section 325 IPC in view of nature of injury received and the nature of weapon allegedly used by them. They submitted that the appellants in S.B. CRLA No.1358/2021 and the appellants in S.B. CRLA No.1359/2021 are in custody since 26.08.2021 and 17.08.2021 respectively, charge sheet has been filed, trial of the case will take time, they have no criminal antecedents and prayed for their release on bail.
3. Learned Public Prosecutor assisted by the learned counsel for the complainant has opposed the appeals.
4. Taking into consideration the submissions advanced by learned counsels for the appellants, the nature of allegation against them, their length of custody, filing of charge sheet, material contained therein especially the injury reports and absence of criminal antecedents; but, without expressing any opinion on the merits of the case, this court deems it just and proper to enlarge the appellants on bail.
5. The orders dated 27.08.2021 & 26.08.2021 passed by the learned Special Judge, SC/ST (Prevention of Atrocities Cases), Dholpur (Rajasthan) are quashed and set-aside and these appeals are accordingly allowed. It is directed that accused appellants 1. Rahul Sharma S/o Shri Hari Shankar, 2. Kapis Tiwari S/o Shri Shivji Shastri, 3. Bharat Singh S/o Shri Kailash Chandra & 4. Sourabh S/o Shri Pappu shall be released on bail provided each of them furnishes a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac Only) together with two sureties in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) each to the satisfaction of the learned Trial Court with the stipulation that they shall appear before that Court and any Court to which the matter is transferred, on all subsequent dates of hearing and as and when called upon to do so and shall comply with all the conditions laid down under Section 437(3) Cr.P.C.
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....
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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....
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 granted bail to accused-appellants under the Scheduled Castes & the Scheduled Tribes (Prevention of Atrocities) Act, emphasizing the need for timely justice without commenting on the merits....
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 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 ....
The court's decision was based on the nature of the allegations, the material in the case diary, and the filing of a complaint under Sections 107 & 151 Cr.P.C. for the same incident, without expressi....
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)....
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