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DEVENDRA KACHHAWAHA
Usman – Appellant
Versus
State of Rajasthan – Respondent
ORDER
1. The instant appeal has been filed under Section 14(2)(a) SC/ST (Prevention of Atrocities) Act on behalf of the appellant, who is in judicial custody in connection with F.I.R. No.256/2020, Police Station Piplu, District Tonk, registered for the offences under Sections 376, 376(2)(n) and 506 of the Indian Penal Code and Section 3(1)(S), 3(l)(w)(i), 3(l)(w)(ii) and 3(2)(v) of the SC/ST (Prevention of Atrocities) Act against the order dated 24.05.2021 passed by the Special Judge, SC/ST (Prevention of Atrocities) Act Cases, Tonk, whereby, the bail application preferred under Section 439 Cr.P.C. on behalf of the appellant was rejected.
2. Heard learned counsel appearing on behalf of the appellant as well as learned Public Prosecutor. Perused the material available on record.
3. Learned counsel for the appellant stated that prosecutrix is a major lady and as per prosecution and statement of prosecutrix recorded under Section 164 Cr.P.C, rape has been committed on the day of festival 'Holi' in the month of March and FIR has been filed in the month of August, on 03.08.2020; as per prosecutrix 'B', the appellant has assured her for marriage; On reluctance and in order to build pressure
The court established that in cases under the SC/ST (Prevention of Atrocities) Act, the circumstances surrounding the filing of the FIR and the nature of the allegations can significantly influence b....
The court's decision was influenced by the change in the prosecutrix's statement and the expected lengthy trial duration in granting bail to the accused-appellant.
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.
The court established that inconsistencies in a victim's testimony can significantly impact the decision to grant bail, reinforcing the principle of presumption of innocence in criminal proceedings.
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 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's decision was influenced by the interpretation of the victim's statements recorded under different sections of Cr.P.C. and the completion of the investigation against the appellant, leadin....
The court's decision to grant bail was based on the consideration of the entirety of facts and circumstances available on record, highlighting the importance of a thorough review of the case before m....
The victim's lack of support for the prosecution's story and the absence of direct evidence influenced the court's decision to grant bail to the accused-appellant.
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