MANOJ KUMAR GARG
Jagsir Singh – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT
Manoj Kumar Garg, J. - The instant appeal has been filed under Section 14-a (2) of SC/ST (Prevention of atrocities) act,1989 on behalf of the appellant, who is in custody in connection with F.I.R. No.154/2021, Police Station Mahila Thana, District Sriganganagar, for the offences under Sections 376(2)(N), 450, 354 IPC and u/s 3(I)(w)(i)(ii), 3(I)(w) (ii), 3(2) (V) of SC/ST (Prevention of atrocities) act against the order dated 28.10.2021 passed by the learned Special Judge SC/ST (Prevention of atrocities act) act Cases, Sri Ganganagar, 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 the prosecutrix is a major girl and she resided with the appellant due to which she got pregnant. If anything happened, it was with the consent of the prosecutrix. Challan of the case has already been presented and now no investigation is pending. 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
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 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 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 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'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 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 established that the rejection of bail must be justified by substantial reasons, particularly when similar cases have resulted in bail being granted.
The court has the discretion to set aside the rejection of a bail application after considering the facts and circumstances of the case.
The court established that consent in a marital context can influence bail decisions under the SC/ST (Prevention of Atrocities) Act, highlighting the necessity for careful consideration of all facts ....
The court has the discretion to grant bail after considering the facts and circumstances of the case, and the rejection of bail applications can be set aside if found unsustainable.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.