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FARJAND ALI
Vikram Singh – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
Farjand Ali, J.
The jurisdiction of this Court has been invoked by way of filing an appeal under Section 14A(2) of SC/ST (Prevention of Atrocities) Act at the instance of accused-appellant. The requisite details of the matter are tabulated herein below:
| S.No. | Particulars of the Case | |
| 1. | FIR Number | 124/2023 |
| 2. | Concerned Police Station | Naal |
| 3. | District | Bikaner |
| 4. | offences alleged in the FIR | Sections 323, 327, 384, 447, 504 and 506 of IPC and 3(1)(r), 3(1)(s), 3(2) (va) and 3(2)(v) of the SC/ST Act |
| 5. | offences added, if any | -- |
| 6. | Date of passing of impugned order | 13.12.2023 |
2. It is contended on behalf of the accused-appellant that no case for the alleged offences is made out against him and his incarceration is not warranted. There are no factors at play in the case at hand that may work against grant of bail to the accused-appellant and he has been made an accused based on conjectures and surmises.
3. Contrary to the submissions of learned counsel for the appellant, learned Public Prosecutor as well as learned counsel for the complainant oppose
The court granted bail to the accused-appellant based on a compromise between the parties, emphasizing that no case was made out for incarceration.
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.
In exceptional circumstances, such as the prevailing situation due to the COVID-19 pandemic, courts may grant bail to accused persons, even in cases involving serious offenses, to ensure their safety....
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 principle of parity in bail applications under the SC/ST (Prevention of Atrocities) Act requires that co-accused in similar circumstances should be granted bail unless there are significant disti....
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 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 prolonged judicial custody and the nature of the offences can justify the granting of bail under the SC/ST (Prevention of Atrocities) Act.
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