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RAJASTHAN HIGH COURT
Madan Gopal Vyas, J.
Biharilal @ Bheraram & Ors. - Appellants
Versus
State of Rajasthan, Through PP & Ors. - Respondents
S.B. Criminal Appeal No. 191 of 2023
Decided On : 08-03-2023
BAIL - SC/ST (Prevention of Atrocities) Act - The court found that the rejection of bail for the appellants was not justified, considering the lack of dangerous injuries and the similarity of their case to that of co-accused who were granted bail. The court emphasized the need for a fair assessment of circumstances surrounding bail applications under the SC/ST Act, leading to the decision to grant bail to the appellants.
Fact of the Case:
The appellants, Biharilal and Kailash Rao, were in custody for alleged offenses under IPC and the SC/ST Act. Their bail application was rejected by the Special Judge, prompting an appeal under Section 14-A(2) of the SC/ST Act.
Finding of the Court:
The court determined that the lower court's rejection of bail was unsustainable, given that co-accused had been granted bail and the injuries were not life-threatening. The court considered the duration of custody and the potential delay in trial.
Issues: Whether the rejection of bail was justified given the circumstances of the case and the treatment of similarly situated co-accused.
Ratio Decidendi: The court highlighted that the principles of fairness and equality in bail considerations must be upheld, particularly in cases involving the SC/ST Act, where the nature of injuries and the context of the case are critical.
Result: The appeal was allowed, the order rejecting bail was set aside, and the appellants were granted bail under specified conditions.
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 time. It is further submitted that the learned Court below has grossly erred in law and facts as well in declining to release the appellants on bail. Therefore, it is prayed that the benefit of bail should be granted to the accused-appellants.
3. Learned Public Prosecutor has vehemently opposed the prayer for bail.
4. Having regard to the entirety of facts and circumstances as available on record and upon a consideration of the arguments advanced at the bar, this Court is of the opinion that the order rejecting the application for bail filed on behalf of the appellants, cannot be sustained and deserves to be set aside.
5. Consequently, the instant appeal is allowed. The impugned order dated 10.01.2023 passed by the learned Special Judge, Scheduled Caste/Scheduled Tribe (Prevention of Atrocities) Cases, Sri Ganganagar is set aside. It is ordered that the accused-appellants (1) Biharilal @ Bheraram S/o Sh. Ramlal, and (2) Kailash Rao S/o Biharilal, arrested in connection with FIR No.268/2022, Police Station Raisinghnagar, District Sri Ganganagar, shall be released on bail; provided each of them furnishes a personal bond of Rs.1,00,000/-and two surety bonds of Rs. 50,000/- each to the satisfaction of the learned trial Court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.
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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