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ASHUTOSH KUMAR
Gautam Singh Rao – Appellant
Versus
State Of Rajasthan – Respondent
ORDER :
(Ashutosh Kumar, J.)
As both the appeals have been filed against the order of dismissal of bail applications of present accused-appellants pertaining to the same FIR, they are being heard and decided by the instant common order.
2. These appeals have been filed under Section 14A of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 by the appellants in connection with FIR No.55/2022, Police Station Alwar Gate, District Ajmer for the offences under Section 365 of IPC and later on for the offences under Sections 115, 342, 343, 364, 365, 302, 201, 120B & 37 of IPC and Sections 3(2)(V), 3(2)(V)(a) of SC/ST Act, 1989.
3. Learned counsel for the appellants submit that appeal No.2539/2023 has been filed against the order dated 22.08.2023 passed by the Special Jude, SC/ST (Prevention of Atrocities) Act Cases, Ajmer by which the bail application of Gautam Singh Rao was dismissed and appeal No.2397/2023 has been filed against the order dated 05.08.2023 passed by the Special Judge, SC/ST (Prevention of Atrocities) Act Cases, Ajmer by which the bail application of present accused Devendra Kumar Yadav has also been dismissed.
4. Learned counsel appearing on behalf
The court granted bail to accused-appellants based on lack of direct evidence, prolonged custody, and the nature of charges, emphasizing the need for a fair trial.
The court established that bail applications under the SC/ST Act must be evaluated with regard to the specifics of the case, including the severity of injuries and the treatment of co-accused, ensuri....
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 granted bail based on the appellant's custody duration and the release of similarly situated co-accused, without commenting on the merits of the case.
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.
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....
The court's decision was based on the interpretation of Section 14-A of the SC/ST Act in allowing the appeal and granting bail to the appellant.
The court's decision was influenced by the consideration of the fact of compromise and the entirety of facts and circumstances of the case in setting aside the order rejecting the bail application an....
The court's decision was based on the nature of the allegations, the material in the case diary, and the filing of a complaint under Sections 107 & 151 Cr.P.C. for the same incident, without expressi....
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