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MAHENDAR KUMAR GOYAL
Mislu Khan – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT
Mahendar Kumar Goyal, J. - The present criminal appeal under Section 14-A of the Scheduled Castes & the Scheduled Tribes (Prevention of Atrocities) Act has been filed in connection with FIR No.0317 registered at Police Station Malakheda, District Alwar for the offence under Section(s) 143, 323, 341 & 504 IPC and Section 3(1)(S) & 3(1) (W) of SC & ST (Prevention of Atrocities) Act, 1989 (for short ?the Act of 1989?) and later on for the offence under Section 341, 323, 325 & 307 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 the incident occurred at spur of moment without any premeditation. He submitted that the injury on the person of Pradeep leading to offence under Section 307 IPC has been attributed to co-accused Rahul Khan. He submitted that the appellant is in custody since 08.07.2021, investigation as against him is complete, he has no criminal antecedents and prayed for his release on bail.
3. Learned Public Prosecutor has opposed the appeal.
4. Taking into consideration the submissions advanced by learned counsel for the appellant, the nature of all
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....
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 established that bail can be granted based on the absence of criminal history, the nature of the allegations, and the duration of custody, reinforcing the presumption of innocence.
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 in cases involving serious allegations such as murder, particularly under the SC & ST Act, the presence of strong evidence and the status of the trial are critical factors ....
The court's decision to grant bail was based on the specific circumstances of the case, including the nature of the allegation, the appellant's custody, and the absence of criminal antecedents.
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 in cases involving serious allegations, the presumption of innocence and the circumstances surrounding the accused's detention must be carefully weighed against the nature ....
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