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MAHENDAR KUMAR GOYAL
Rahul Sharma – Appellant
Versus
State of Rajasthan – Respondent
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 Prosec
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....
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....
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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