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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE KULDEEP MATHUR, J
Ratan Singh – Appellant
Versus
State of Rajasthan – Respondent
Order :
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.177/2024 registered at Police Station Karoi, District Bhilwara, for the offences under Sections 331(2), 64, 120(2), 115(2) of BNS and Sections 3(1)12 and 3(2)(v) of the SC and ST (Prevention of Atrocities) Act against the order dated 30.11.2024 passed by the learned Special Judge Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act Cases, Bhilwara whereby, the bail application preferred under Section 483 BNSS 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 appellant has falsely been implicated in the present case. Drawing attention of the Court towards the FIR and the challan papers submitted by the investigating agency before the competent criminal court, learned counsel submitted that as per the prosecutrix Mst.’P’ on 17.10.2024 at around 11.30 pm, the appellant forcibly entered in her room and started beating her. Thereafter, the appellant committed forcible sexual
The court emphasized that bail should not be denied without substantial justification, especially when prima facie evidence suggests potential false implication.
The court emphasized that insufficient evidence against the appellant warranted bail, reinforcing the principle of personal liberty during trial.
The court granted bail based on the absence of injuries and completed investigation, emphasizing that bail decisions do not reflect on the merits of the case.
The court granted bail based on the absence of visible injuries on the prosecutrix and the completion of witness statements, reducing the risk of influence.
The court established that inconsistencies in a victim's testimony can significantly impact the decision to grant bail, reinforcing the principle of presumption of innocence in criminal proceedings.
Lack of incriminating evidence and absence of threats to witnesses justified granting bail under the SC/ST Act.
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