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RAJENDRA PRAKASH SONI
Mahaveer Singh – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
Rajendra Prakash Soni, J. - This appeal has been preferred on behalf of the appellants under Section 14A(2) of the SC/ST (Prevention of Atrocities) Amendment act 2015 being aggrieved of the order dated 08.06.2023 passed by learned Special Judge, SC/ST Cases, Rajsamand in Misc. Criminal Case No.65/2023 (CIS No.403/2023) rejecting the bail application preferred on behalf of the appellants who are in custody in connection with FIR No.212/2023, Police Station Devgarh, District Rajsamand, for offences under Sections 147 , 341, 323, 324, 504, 336/149 of the IPC and under Sections 3(1)(r)(s) and 3(1)(za)(b), 3(2)(va) of the SC/ST (Prevention of Atrocities) Act.
2. I have been addressed by the counsel for the parties at length, as also have been taken through the record. I have also considered the respective submissions.
3. Learned counsel Shri Vikram Singh submits that no internal and external injuries were found to the complainant and the complainant manipulated the story against the appellants. He thus, craves indulgence of bail in this case.
4. Per contra, learned Public Prosecutor and counsel for the complainant have vehemently and fervently opposed the submissions advanced by app
The main legal point established in the judgment is that the appellants are entitled to be released on bail based on the assessment of the injuries and the overall facts and circumstances of the case....
The court granted bail to the appellant due to insufficient evidence and prolonged custody, emphasizing the need for fair trial rights.
The main legal point established in the judgment is the application of Section 14-A(2) of the SC/ST (Prevention of Atrocities) Amendment Act 2015 in granting bail to the appellant for serious offense....
Court ruled that bail should be granted when allegations are less severe compared to co-accused, highlighting equal treatment and length of custody as justifications.
The court established that the denial of bail must be justified, especially when co-accused are granted bail under similar circumstances.
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 nature of injuries and the treatment of co-accused in similar cases are critical factors in bail considerations under the SC/ST (Prevention of Atrocities) Act.
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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