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VIJAY BISHNOI
Mahesh Singh Aka Bhauda – Appellant
Versus
State of Rajasthan – Respondent
ORDER
1. These criminal appeals under Section 14A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter to be referred as 'the SC/ST Act') have been filed on behalf of the appellants being aggrieved with the orders dated 28.09.2022 and 03.09.2022 respectively passed by learned Special Judge SC/ST (Prevention of Atrocities) Act Cases, Merta (hereinafter to be referred as 'trial court') in Criminal Misc. Bail Application Nos.218/2022 and 201/2022 respectively, whereby the trial court has dismissed the bail applications filed on behalf of the appellants.
2. The appellants have been arrested in FIR No.109/2018 of Police Station Chitawa, District Nagaur for the offences punishable under Section 376D of IPC and Sections 3(1)(w)(i)(ii), 3(2)(v) of SC/ST Act.
3. Learned counsel for the appellants submitted that allegation of sexual assault levelled by the complainant against the appellants are absolutely false and FIR has been lodged on account of political enmity. It is further submitted that after rejection of the earlier bail applications of the appellants, statements of victim (PW-1), her daughter (PW-3) and nephew Sonu Ram (PW-4) have been reco
The court established that the lack of corroborative evidence and inconsistencies in testimony are critical factors in determining bail under the SC/ST Act.
The court granted bail due to insufficient evidence from hostile witnesses and the potential for false implications, emphasizing the importance of a fair trial.
The court's decision was influenced by the provisions of Section 14-a(2) of the SC/ST act, which allowed for the appellant's release on bail based on the circumstances of the case.
The court considered the nature of the offence, the period of incarceration, and the fact that it was a case of counter in granting bail to the appellants.
The prosecutrix's lack of support for the allegation of rape and the absence of specified injuries influenced the court's decision to grant bail to the accused-appellants.
The court's decision was influenced by the provisions of Section 14-a(2) of the SC/ST act, which allowed for the appellant's release on bail.
The court's decision was based on the interpretation of Section 14-A(2) of the SC/ST Act, considering the totality of the facts and circumstances of the case.
Bail can be granted under the SC/ST (Prevention of Atrocities) Act when the accused demonstrate no prior criminal record, have been in custody for a considerable time, and the charge sheet has been f....
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