DEVENDRA KACHHAWAHA
Kishan Lal – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT
1. The instant appeal has been filed under Section 14-A of the Scheduled Caste/Scheduled Tribe (Prevention of Atrocities) Act Cases on behalf of the appellant, who is in custody in connection with F.I.R. No. 35/2021, Police Station Mawli, District Udaipur, registered for the offences punishable under Sections 332, 353, 384 and 452 of the Indian Penal Code and Sections 3(1)(R) and 3(1)(5) of the SC/ST (Prevention of Atrocities) Act against the order dated 10.06.2021 passed by the Special Judge, SC/ST (Prevention of Atrocities) Act Cases, Udaipur whereby, the bail application preferred under Section 439 Cr.P.C. on behalf of the appellant was rejected.
2. Learned counsel for the appellant appearing through video conferencing stated that one First Information Report (FIR) was lodged by the wife of the appellant against the complainant and in counter of that FIR, the accused-petitioner has falsely been implicated in the present case. Learned counsel further stated that as per FIR itself, incident of fight was taken place in regard to illicit relationship; that the accused-petitioner is in judicial custody for approximately one month; and that the trial will take time. With these
The court established that bail can be granted under the SC/ST (Prevention of Atrocities) Act when the trial is expected to be prolonged and no further investigation is pending.
The court established that the rejection of bail must be justified by substantial reasons, particularly considering the severity of injuries and the duration of custody.
The court ruled that the lack of evidence regarding the appellant's knowledge of the complainant's caste justified the granting of bail.
The court established that consent in a marital context can influence bail decisions under the SC/ST (Prevention of Atrocities) Act, highlighting the necessity for careful consideration of all facts ....
The court has the discretion to grant bail after considering the facts and circumstances of the case, and the order rejecting the bail application can be set aside if found unsustainable.
The court established that bail should be granted based on parity with co-accused and the anticipated length of the trial.
The court considered the similarity of allegations with other co-accused persons who had been granted bail and the expected lengthy trial duration as key factors in granting bail to the accused-appel....
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.
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....
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