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MADAN GOPAL VYAS
Biharilal @ Bheraram – Appellant
Versus
State of Rajasthan, Through PP – Respondent
ORDER
1. The instant appeal has been filed under Section 14-A(2) of SC/ST (Prevention of Atrocities) Act, on behalf of the appellants, who are in custody in connection with FIR No.268/2022, Police Station Raisinghnagar District Sri Ganganagar, for the offences under Sections 307, 325, 341, 323, 143 IPC and Sections 3(2)(v), 3(2)(va) of the SC/ST Act against the order dated 10.01.2023 passed by the learned Special Judge, Scheduled Caste/ Scheduled Tribe (Prevention of Atrocities) Cases, Sri Ganganagar whereby, the bail application preferred under Section 439 Cr.P.C. on behalf of the appellants was rejected.
2. Ms. Manju Devi, wife of petitioner No.1 -Biharilal and mother of petitioner No.2 Kailash Rao, present-in-person, submits that similarly situated co-accused namely Mukesh, Omprakash and Arjun Rao have already been enlarged on bail by co-ordinate Bench of this Court vide orders dated 16.01.2023 and 09.02.2023 respectively and the case of the present appellants is similar to that of the coaccused. It is further submitted that none of the injuries are found to be dangerous to life. The accused-appellants are in judicial custody since 05.12.2022 and the trial of the case will take ti
The court established that the rejection of bail must be justified by substantial reasons, particularly considering the severity of injuries and the duration of custody.
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.
The court established that the denial of bail must be justified, especially when co-accused are granted bail under similar circumstances.
The court has the discretion to grant bail after considering the facts and circumstances of the case, and the order rejecting the bail application can be set aside if found unsustainable.
The principle of parity in bail applications under the SC/ST (Prevention of Atrocities) Act requires that co-accused in similar circumstances should be granted bail unless there are significant disti....
The court granted bail to the appellants, emphasizing that the injuries were grievous but not life-threatening, and the investigation was concluded.
The principle of parity requires that if co-accused are granted bail, similar treatment should be extended to the appellant unless distinguishable circumstances exist.
The court established that an accused should be granted bail when co-accused in similar circumstances have been released, emphasizing the principle of parity in bail applications.
Bail can be granted in the absence of specific allegations against accused, especially when prolonged detention is involved.
The court granted bail due to insufficient evidence from hostile witnesses and the potential for false implications, emphasizing the importance of a fair trial.
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