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KULDEEP MATHUR
Devi Singh S/o Shri Jabbarsingh – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT :
KULDEEP MATHUR, J.
1. The instant appeal has been filed under Section 14A SC/ST (Prevention of Atrocities) Act on behalf of the appellant, who is in custody in connection with F.I.R. No. 36/2024 registered at Police Station Bhaniyana, Dist. Jaisalmer for the offences under Sections 143, 341, 323, 325, 307 and 120-B of IPC and Sections 3(1)(r)(s) and 3(2)(va)(v) of the SC and ST (Prevention of Atrocities) Act against the order dated 11.09.2024 passed by the learned Special Judge Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act Cases, Jaisalmer whereby, the bail application preferred under Section 439 Cr.P.C. on behalf of the appellant was rejected.
2. Heard learned counsel for the parties and perused the material available on record.
3. Leaned counsel for the appellant submitted that the co-accused Dhakad @ Sagar Khan (S.B. Criminal Appeal (SB) No. 1072/2024) has already been enlarged on bail by a Co-ordinate Bench of this Court vide order dated 30.08.2024. Learned counsel submitted that the case of the present petitioner is not worse than that of the case of the co-accused Dhaka @ Sagar Khan, who has already been enlarged on bail.
4. The order dated 30.08.2024
The court ruled that prolonged detention without trial is unjustified, especially when co-accused granted bail under similar circumstances.
Absence of direct evidence of mens rea justified granting bail under SC/ST (Prevention of Atrocities) Act.
The court ruled that lack of evidence and inconsistencies in witness statements justified granting bail to the appellants despite serious charges.
The court ruled that the rejection of bail was unsustainable due to lack of evidence against the appellant and precedence set by the co-accused's bail grant.
The court ruled that the nature of injuries and completion of investigation are critical factors in bail decisions, emphasizing that serious allegations do not automatically warrant denial of bail.
The court's decision was based on the consideration of the trivial nature of the incident, the extent of the victim's injuries, and the appellant's period of incarceration in granting bail.
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 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.
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