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DEVENDRA KACHHAWAHA
Suman Devi – Appellant
Versus
State of Rajasthan – Respondent
ORDER
In S.B. Criminal Appeal No. 1000/2021:
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 judicial custody in connection with FIR No.188/2021registered at Police Station Chirawa, District Jhunjhunu registered for the offences punishable under Section 306 of IPC & Section 3(2)(v) of the SC/ST (Prevention of Atrocities) Act against the order dated 22.06.2021 passed by the Special Judge, SC/ST (Prevention of Atrocities) Cases, Jhunjhunu, whereby, the bail application preferred under Section 439 Cr.P.C. on behalf of the appellant was rejected.
2. Heard learned counsel for the appellant, learned Public Prosecutor, present-in-person and learned counsel appearing for the complainant through video conferencing. Perused the material available on record.
3. Learned counsel for the appellant stated that in the suicide note, no specific allegation has been levelled against the accused-appellant; in suicide note, which is available at page 40-41 of the charge sheet, only allegation has been levelled against the
there is no specific allegation against the accused-appellant; charge sheet has been filed and the tri
The court established that lack of specific allegations in a suicide note can be a valid ground for granting bail under the SC/ST Act.
Absence of direct evidence of mens rea justified granting bail under SC/ST (Prevention of Atrocities) Act.
The main legal point established in the judgment is the court's discretion in granting bail under the SC/ST (Prevention of atrocities) act, considering the circumstances and arguments presented.
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 court established that the denial of bail must be justified, especially when co-accused are granted bail under similar circumstances.
The court's decision was influenced by the provisions of Section 14-A(1) of SC/ST (PA) Act, which allowed for the grant of bail to the accused-appellant.
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 considered the nature of allegations against the appellant and co-accused in deciding the bail application under the SC/ST (Prevention of Atrocities) Act.
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