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ANIL KUMAR UPMAN
Ashok – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
1. Heard. Perused the material available on record.
2. This appeal has been preferred on behalf of the appellant under Section 14A(2) of the SC/ST (Prevention of Atrocities) Amendment Act 2015 being aggrieved of the order dated 13.10.2023 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Sawaimadhopur in Criminal Misc. Bail Application No. 263/2023 rejecting the bail application preferred on behalf of the appellant who is in custody since 26.11.2022 in connection with FIR No. 364/2022, Police Station Bamanwas, Sawaimadhopur for offences under Sections 365, 302, 120B IPC and Section 3(2)(va) of the SC/ST (Prevention of Atrocities) Amendment Act. Later on, the police filed chargesheet against Kishmant, Dharamveer, Deepak, Vikas and Ashok, appellant herein for offences under Sections 365, 302, 120B IPC, for offences under Sections 365, 302, 120B IPC and Sections 3-2(v), 3-2(va) of the SC/ST (Prevention of Atrocities) Amendment Act against the accused Manish and for offences under Sections 365, 302, 120B IPC, Sections 3-2(v), 3-2(va) of the SC/ST (Prevention of Atrocities) Amendment Act and Section 4/25 of the Arms Act against the accused Afridi.
3. The firs
Bail can be granted when there is no eyewitness testimony and medical evidence suggests alternative causes of death, outweighing the severity of charges.
The lack of support from prosecution witnesses and the absence of specific allegations against the appellants influenced the court's decision to grant bail.
The main legal point established in the judgment is that the appellants are entitled to be released on bail based on the assessment of the injuries and the overall facts and circumstances of the case....
The presence of an accused at a crime scene does not establish guilt without specific allegations of their actions, warranting bail in lengthy trials.
Court ruled that bail should be granted when allegations are less severe compared to co-accused, highlighting equal treatment and length of custody as justifications.
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 established that in cases under the SC/ST (Prevention of Atrocities) Act, the strength of evidence is crucial in determining bail eligibility, and mere allegations without substantial proof....
The court established that the denial of bail must be justified, especially when co-accused are granted bail under similar circumstances.
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