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KULDEEP MATHUR
Sumit Kumar – Appellant
Versus
State of Rajasthan, Through PP – Respondent
ORDER
1. No one has appeared on behalf of respondent No.2 complainant despite service.
2. These appeals have been preferred on behalf of the appellants under Section 14A(2) of the SC/ST (Prevention of Atrocities) Amendment Act 2015 being aggrieved of the order dated 15.03.2023 and 19.04.2023 passed by learned Special Judge, SC/ST (Prevention of Atrocity) Cases, Merta rejecting the bail applications preferred on behalf of the appellants who are in custody in connection with FIR No.32/2023, Police Station Peelwa, District Nagaur, for the offences under Sections 306, 384 and 120B IPC and Section 3(2)(Va) of the SC/ST (Prevention of Atrocities) Act.
3. Heard learned counsel representing the appellants and learned Public Prosecutor. Perused the material available on record.
4. Learned counsel for the appellants submitted that coaccused Mahaveer Chand (S.B. Criminal Appeal No.328/2023) has already been enlarged on bail by this Court vide order dated 27.04.2023.
5. The order dated 27.04.2023 is reproduced herein below for ready reference:
The court established that the denial of bail must be justified, especially when co-accused are granted bail under similar circumstances.
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 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.
The court established that in cases involving non-serious charges and prolonged trial durations, bail may be granted even under the SC/ST (Prevention of Atrocities) Act.
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 bail should be granted based on parity with co-accused in similar situations, particularly when significant time has elapsed since the incident.
The court considered the nature of the offenses, absence of injuries, and expected trial duration in deciding to grant bail to the accused-appellant.
In exceptional circumstances, such as the prevailing situation due to the COVID-19 pandemic, courts may grant bail to accused persons, even in cases involving serious offenses, to ensure their safety....
The entitlement of the appellant to be released on bail during the trial under Section 14-A(2) of the SC/ST (Prevention of Atrocities) Amendment Act 2015 was established based on the overall facts an....
The court granted bail to the appellants, emphasizing that the injuries were grievous but not life-threatening, and the investigation was concluded.
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