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DEVENDRA KACHHAWAHA
Mahendra Singh – Appellant
Versus
State of Rajasthan – Respondent
ORDER
1. The instant appeal has been filed under Section 14A(2) SC/ST (Prevention of Atrocities) Act on behalf of the appellant, who is in custody in connection with FIR No.213/2020, Police Station Gogamedi, District Hanumangarh for the offences under Sections 363, 366, 354-A, 376AB/511, 323 IPC and Section 3(2) (va) of the SC/ST (Prevention of Atrocities) Act and 9(m)/10 of the POCSO Act against the order dated 15.12.2020 passed by the Special Judge, SC/ST (Prevention of Atrocities) Cases, Hanumangarh whereby, the bail application preferred under Section 439 Cr.P.C. on behalf of the appellant was rejected.
2. Heard learned counsel for the parties and perused the material available on record.
3. Learned counsel for the appellant stated that the accused-appellant is in custody since 28.09.2020; the prosecutrix 'V? admitted that nothing was happened with her and she only supported that accused-petitioner took her to his Nohra and closed the door; charge-sheet has been filed in the matter and trial will take sufficiently long time.
4. Learned Public Prosecutor has opposed the bail application and stated that as per statements of Krishnadevi, Jogendra and prosecutrix recorded under Section
The court established that in cases under the SC/ST (Prevention of Atrocities) Act, the strength of evidence is crucial in determining bail eligibility, and mere allegations without substantial proof....
The entitlement of the appellant to be released on bail during the trial under Section 14-A(2) of the SC/ST (Prevention of Atrocities) Amendment Act 2015 was established based on the overall facts an....
The court considered the nature of the offenses, absence of injuries, and expected trial duration in deciding to grant bail to the accused-appellant.
The court established that in cases involving non-serious charges and prolonged trial durations, bail may be granted even under the SC/ST (Prevention of Atrocities) Act.
The court established that the rejection of bail must be justified by substantial reasons, particularly when similar cases have resulted in bail being granted.
In exceptional circumstances, such as the prevailing situation due to the COVID-19 pandemic, courts may grant bail to accused persons, even in cases involving serious offenses, to ensure their safety....
The principle of parity requires that if co-accused are granted bail, similar treatment should be extended to the appellant unless distinguishable circumstances exist.
The main legal point established in the judgment is the court's discretion to grant bail after considering the entirety of facts and circumstances, despite the appellant being declared absconder and ....
The court established that an accused's right to a fair trial must be upheld, and justifiable reasons for absence from court can warrant the granting of bail, even in serious cases under the SC/ST Ac....
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