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BHUWAN GOYAL
Rasbihari @ Rasu Parashar – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
(Bhuwan Goyal, J.)
The instant appeal (bail application) has been filed under Section 14-A of the Scheduled Caste & Scheduled Tribe (Prevention of Atrocities) Act on behalf of the appellant, who is in custody in connection with FIR No.82/2023 dated 11.05.2023, Police Station Gegal, District Ajmer for the offences under Sections 341, 323, 285, 307 & 34 of I.P.C. and Sections 3(2)(v) & 3(2)(va) of the Scheduled Caste & Scheduled Tribe (Prevention of Atrocities) Act against the Order dated 31.08.2023 passed by the Special Judge, Scheduled Caste & Scheduled Tribe (Prevention of Atrocities) Cases, Ajmer whereby, bail application preferred under Section 439 of Cr.P.C. on behalf of the appellant has been rejected. The charge-sheet in the matter has been filed for the offences under Sections 341, 323, 306, 37, 34 of I.P.C. and Sections 3(1)(r)(s) & 3(2)(v)(va) of Scheduled Caste & Scheduled Tribe (Prevention of Atrocities) Act.
2. Heard learned counsel for the appellant, learned Public Prosecutor and learned counsel for the respondent No. 2-complainant.
3. Learned counsel for the appellant has contended that appellant is an innocent person, who was not involved in the alleged incide
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 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 the rejection of bail must be justified by substantial reasons, particularly considering the severity of injuries and the duration of custody.
The court's decision to grant bail was based on the specific circumstances of the case, including the nature of the allegation, the appellant's custody, and the absence of criminal antecedents.
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 established that the rejection of bail must be justified by substantial reasons, and similar cases should be treated equally under the law.
The court established that delays in filing FIRs and the status of investigations are critical factors in bail considerations under the SC/ST Act, allowing for a more nuanced approach to bail applica....
The court established that bail applications under the SC/ST Act must be evaluated with careful consideration of all relevant facts, including compromises and the treatment of co-accused.
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