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DEVENDRA KACHHAWAHA
Rahul – Appellant
Versus
State of Rajasthan – Respondent
ORDER
1. The instant appeals have been filed under Section 14-A of the SC/ST (Prevention of Atrocities) Act on behalf of the accused-appellants, who are in judicial custody in connection with common F.I.R. No. 260/2020, Police Station Rawatsar, District Hanumangarh, registered for the offences punishable under Sections 302, 323, 341, 147, 148, 149 of the Indian Penal Code and Sections 3(2)(s)(R), 3(2)(V), 3(2)(Va) of the SC/ST (Prevention of Atrocities) Act against the impugned orders dated 07.09.2021 and 28.09.2021 respectively passed by the Special Judge, SC/ST (Prevention of Atrocities) Act Cases, Hanumangarh whereby, the bail applications preferred under Section 439 Cr.P.C. on behalf of the appellants were rejected.
2. Heard learned counsel appearing on behalf of the accused-appellants, learned Public Prosecutor as well as learned counsel appearing on behalf of the complainant. Perused the material available on record.
3. Learned counsel for the appellants stated that the present accused-appellants have not been named in the First Information Report (FIR); that the names of the accused-appellants have also not been mentioned in the parcha-bayan as well as in the statements of the
The court established that lack of specific allegations in the FIR and witness statements can justify the granting of bail under the SC/ST Act.
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....
The prosecutrix's lack of support for the allegation of rape and the absence of specified injuries influenced the court's decision to grant bail to the accused-appellants.
Bail can be granted in the absence of specific allegations against accused, especially when prolonged detention is involved.
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.
Subsequent bail applications require a change in circumstances; repeated applications without such change are not entertained.
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 bail applications under the SC/ST Act must be evaluated with regard to the specifics of the case, including the severity of injuries and the treatment of co-accused, ensuri....
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