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FARJAND ALI
Makka @ Mukhtiyar – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
Farjand Ali, J.
The instant appeal has been filed under Section 14A SC/ST (Prevention of Atrocities) Act, 1989 on behalf of the appellant, who is in custody in connection with FIR No.69/2020, Police Station Sarada, District Udaipur, for the offences under Sections 147, 148, 149, 302, 307, 323 and 341 of the IPC and Sections 3(1)(r), 3(1)(S) and 3(2)(v) of the SC/ST (Prevention of Atrocities) Act, being aggrieved by the order dated 01.10.2022 whereby the application under Section 439 of the Cr.P.C. has been rejected by the trial Court.
2. It is submitted by learned counsel for the appellant that he has nothing to do with the alleged offence, therefore, benefit of bail may be granted to the appellant.
3. Per contra, learned learned Public Prosecutor opposed the bail application.
4. Heard learned counsel for the appellant and learned Public Prosecutor and perused the material available on record.
5. The opportunity of hearing was provided to the complainant but he did not turned up. The first informant Mukesh Kumar who happens to be the father of the deceased has been examined in the trial as P.W.-3 and has not supported the story of the prosecution rather turned hostile. Likewise,
The court ruled that lack of supporting evidence from key witnesses and prolonged detention justified granting bail under the SC/ST Act.
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 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 considered the nature of the offenses, absence of injuries, and expected trial duration in deciding to grant bail to the accused-appellant.
The court emphasized that prolonged detention without substantial evidence serves no purpose, warranting bail for the accused.
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 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 granted bail to the accused-appellant based on a compromise between the parties, emphasizing that no case was made out for incarceration.
Bail can be granted based on parity with co-accused and the absence of evidence justifying continued detention, emphasizing the need for expeditious trial.
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