MANOJ KUMAR GARG
Kaluram S/o Gheesaram – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT
Manoj Kumar Garg, J. - The instant appeal has been filed under Section 14a SC/ST (Prevention of atrocities) act, 1989 on behalf of the appellant, who is in custody in connection with F.I.R. No.135/2021, P.S. Sadar Pali, District Pali, for the offence under Section 307/34 of IPC and Section 3(2)(V) of S.C./S.T. act against the order dated 25.08.2021 passed by the learned Special Judge Scheduled Cast/Scheduled Tribe (Prevention of atrocities act Cases), Pali, District Pali, whereby, the bail application preferred under Section 439 Cr.P.C. on behalf of the appellant was rejected.
2. Counsel for the appellant submits that compromise has arrived at between the parties. Counsel further submits that injured has already been discharged from the hospital. Challan of the case has already been presented. accused-appellant is in judicial custody and the trial of the case will take sufficient long time to be concluded. Therefore, the benefit of bail should be granted to the accused-appellant. The learned court below has grossly erred in law and facts as well in declining to release the appellant on bail.
3. Learned Public Prosecutor and learned counsel for the complainant have opposed the
The court established that the rejection of bail must be justified by substantial reasons, particularly in cases involving compromises and the health status of the injured party.
The court considered the contradictions in the statements of the prosecutrix and the anticipated lengthy trial period as grounds for granting bail to the accused-appellant.
The court established that the age of the prosecutrix and the completion of the investigation are significant factors in determining bail under the SC/ST (Prevention of Atrocities) Act.
The court's decision to grant bail was based on the prosecutrix's statement and the length of the trial, highlighting the importance of evidence and the practical considerations of trial duration in ....
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 court's decision to grant bail to the accused-appellant was based on the consideration of the entirety of facts and circumstances available on record.
The court has the discretion to grant bail based on the circumstances of the case, including the nature of the offenses and the stage of the trial.
The court established that the rejection of bail must be justified by substantial reasons, particularly when similar cases have resulted in bail being granted.
The court's decision was influenced by the consideration of the fact of compromise and the entirety of facts and circumstances of the case in setting aside the order rejecting the bail application an....
The court has the discretion to set aside the rejection of a bail application after considering the facts and circumstances of the case.
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