Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(Raj) 2301

RAJASTHAN HIGH COURT
Devendra Kachhawaha, J.
Ravindra Singh & Ors. - Appellants
Versus
State of Rajasthan & Ors. - Respondents
Criminal Appeal No. 747 of 2021 and S.B. Criminal Appeal (SB) No. 748 of 2021
Decided On : 26-10-2021

Advocates appeared:
Mr. Umesh Kant Vyas, for the Appellant; Mr. Mahipal Bishnoi, PP, Mr. Pritam Joshi, Mr. Shreekant Verma, for the Respondent.

Bail can be granted in the absence of specific allegations against accused, especially when prolonged detention is involved.

Headnote:
Bail - SC/ST (Prevention of Atrocities) Act - Sections 14-A(2), 3(2)(Va) - The court interpreted the provisions of the SC/ST Act and IPC, emphasizing the need for specific allegations against accused for bail consideration, ultimately granting bail due to lack of specific charges and prolonged detention.
Fact of the Case:

The accused-appellants were in judicial custody for alleged offences under the IPC and SC/ST Act. They filed appeals against the rejection of their bail applications, arguing lack of specific allegations and prolonged detention.
Finding of the Court:

The court found that the injuries were serious but noted the absence of specific allegations against the accused. It considered the prolonged detention and the nature of the allegations in deciding to grant bail.
Issues: Whether the accused-appellants should be granted bail considering the nature of allegations and the duration of their detention.
Ratio Decidendi: The court held that without specific allegations against each accused, and considering the time already spent in custody, bail should be granted.
Result: The appeals are allowed, and the accused-appellants are granted bail.

ORDER

1. The instant appeals have been filed under Section 14-A(2) of the SC/ST (Prevention of Atrocities) Act, 1989 on behalf of the accused-appellants, who are in judicial custody in connection with F.I.R. No. 164/2021, Police Station Kotwali, District Sriganganagar, registered for the offences punishable under Sections 341, 323, 143, 427 of the Indian Penal Code and Sections 3(2)(Va) of the SC/ST (Prevention of Atrocities) Act against the impugned orders dated 12.08.2021 passed by the Special Judge, SC/ST (Prevention of Atrocities) Act Cases, Sriganganagar 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-appellant, 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 accused-appellant Paramjeet Kaur is a 48 years old lady; that as per the prosecution itself, the accused-appellants Ravindra Singh & Ashu @ Vishvajeet Singh were came on the spot having lathies in their hands; that no specific allegation has been made against the accused-appellants and only the omnibus allegations have been levelled against all the accused-appellants; and that the trial will take time. With these submissions, learned counsel for the appellants prayed that the benefit of bail may be granted to the accused-appellants by allowing their respective appeals.

4. Per contra, learned Public Prosecutor and the learned counsel appearing on behalf of the complainant have vehemently and fervently opposed the appeal & prayer for granting the benefit of bail made on behalf of the accused-appellants. Learned counsel appearing on behalf of the complainant stated that in the present case, the accused-appellants have abused the complainant. Learned Pubic Prosecutor stated that one of the injury caused to the injured Amarjeet has been found to be dangerous to life; in the present case, five (05) injuries have been caused to the injured Sukhmindra Singh and out of which, one is grievous in nature; that two (02) injuries have been caused to the injured Krishna Lal; that as per the statement of the injured Amarjeet Singh, at the time of scuffle, stones as well as bricks have been thrown by the accused-appellants; that the injured persons were caught hold by the accused-appellant Ashu @ Vishvajeet Singh, therefore, benefit of bail may not be granted to the accused-appellants.

5. Having regard to the totality of facts and circumstances of the present case, particularly looking to the facts that the injuries caused to the injured Amarjeet Singh are found to be dangerous to life due to cumulative effect; that only omnibus allegations have been levelled against the accused-appellants; that no specific allegation has been levelled against any of the accused-appellant in regard to specific injury; that the accused-appellants are behind the bars since 07.08.2021; and that further investigation and the trial will take sufficiently long time, therefore, this Court is of the opinion that the appeals deserve to be allowed and the appellants deserve to be enlarged on bail.

6. Consequently, the instant appeals are allowed. The impugned order dated 12.08.2021 passed by the Special Judge, SC/ST (Prevention of Atrocities) Act Cases, Sriganganagar are set aside. It is ordered that the accused-appellants, (1) Ravindra Singh S/ o Gurjeet Singh & (2) Ashu @ Vishvajeet Singh S/o Gurjeet Singh (Appeal No. 747/2021) and Paramjeet Kaur W/o Gurjeet Singh (Appeal No. 748/2021), all arrested in connection with F.I.R. No. 164/2021, Police Station Kotwali, District Sriganganagar, shall be released on bail, if not wanted in any other case, provided each of them furnishes a personal bond of Rs.50,000/- along with two sureties of Rs.25,000/- each to the satisfaction of the learned Trial Court with the stipulation to appear before that Court on each and

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