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FARJAND ALI
Babu Mohammed – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
Farjand Ali, J.
These appeals have been filed under Section 14A SC/ST (Prevention of Atrocities) Act on behalf of the appellants, who are in custody in connection with FIR No.80/2024 registered at the Police Station Rashmi, District Chittorgarh for the offences under Sections 147, 148, 149, 341, 323, 336, 302, 153A and 295A of the IPC and sections 3(1)(r) (s) of the SC/ST Act, being aggrieved by the orders dated 09.04.2024 passed by the learned Special Judge, SC/ST (Prevention of Atrocities) Act Cases, Chittorgarh, whereby the applications under Section 439 of the Cr.P.C. filed on behalf of the appellants have been rejected by the trial Court.
2. It is submitted by learned counsel for the appellants that the appellants have falsely been implicated in the present case and they have nothing to do with the alleged offences it is submitted that the deceased had received no injuries and the cause of death was heart attack. None of the alleged acts brings the case within the purview of the provisions of the SC/ST Act. The appellants are behind the bars since long. Expeditious culmination of trial is not a seeming fate and no fruitful purpose would be served by keeping them behind th
The court emphasized that prolonged detention without substantial evidence serves no purpose, warranting bail for the accused.
The court reinforced the principle that bail should not be denied based on vague allegations and emphasized the importance of direct evidence in determining the necessity of pre-trial detention.
The principle of parity and judicial consistency justified granting bail to the appellants, given that co-accused were released and trial would take a long time.
The court ruled that lack of supporting evidence from key witnesses and prolonged detention justified granting bail under the SC/ST Act.
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 court established that bail should be granted based on parity with co-accused and the anticipated length of the trial.
The court considered the nature of the offenses, absence of injuries, and expected trial duration in deciding to grant bail to the accused-appellant.
The court considered the similarity of allegations with other co-accused persons who had been granted bail and the expected lengthy trial duration as key factors in granting bail to the accused-appel....
The court established that lack of specific allegations in the FIR and witness statements can justify the granting of bail under the SC/ST Act.
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