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DEVENDRA KACHHAWAHA
Ravindra Singh – Appellant
Versus
State of Rajasthan – Respondent
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 acc
Bail can be granted in the absence of specific allegations against accused, especially when prolonged detention is involved.
The court granted bail to the appellants, emphasizing that the injuries were grievous but not life-threatening, and the investigation was concluded.
The court has the discretion to grant bail after considering the entirety of facts and circumstances, and the arguments presented.
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....
The court established that bail can be granted under the SC/ST (Prevention of Atrocities) Act when the circumstances indicate that the accused may not pose a flight risk and the trial may take consid....
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 lack of specific allegations in the FIR and witness statements can justify the granting of bail under the SC/ST Act.
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's decision was influenced by the consideration of the appellants deserving bail based on the entirety of facts and circumstances available on record.
The principle of parity in bail applications under the SC/ST (Prevention of Atrocities) Act requires that co-accused in similar circumstances should be granted bail unless there are significant disti....
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