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FARJAND ALI
Bhojraj – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT
1. The instant appeal has been filed under Section 14A SC/ST (Prevention of Atrocities) Act on behalf of the appellant, who is in custody in connection with FIR No.75/2021, Police Station Mahila Thana, Distt. Bundi, for the offences under Sections 366, 376D of IPC and Sees. 3(l)(w), 3(2)(v) of SC/ST Act against the order dated 14.9.2021 passed by the Special Judge, SC/ST (Prevention of Atrocities) Cases, Bundi, whereby, the bail application preferred under Section 439 Cr.P.C. on behalf of the appellants was rejected.
2. Heard learned counsel for the appellants and learned Public Prosecutor. Perused the material available on record.
3. It is submitted by learned counsel for the appellant that they have been falsely implicated in this matter grudgely as they have nothing to do with the alleged crime. He submits that the prosecutrix is a grown up lady of 26 years, she left the company of her husband on 8.8.2021 at her own free will and volition and for that, the husband of the prosecutrix lodged a missing person report on 9.8.2021. He submits that in the enquiry conducted in respect of missing person report, the prosecutrix was found on 12.8.2021 and she alleged that accused Nan
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's decision was based on the lack of evidence supporting the assault allegations, the non-appearance of the victim, and the absence of injuries, leading to the enlargement of the accused on ....
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 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 established that in cases involving serious allegations, the presumption of innocence and the circumstances surrounding the accused's detention must be carefully weighed against the nature ....
The delay in filing the FIR and the appellant's defense of being cheated into the marriage with the prosecutrix influenced the court's decision to grant bail under Section 14-A SC/ST (Prevention of A....
The court established that delays in filing FIRs and the context of the allegations can significantly influence bail decisions, particularly in cases involving the SC/ST (Prevention of Atrocities) Ac....
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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