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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE KULDEEP MATHUR, J
Kamil Khan – 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.158/2024, registered at Police Station Kelwa, District Rajsamand, for the offences under Section 64 of BNS; and Sections 3(2)(v), 3(1)(w)(i)(ii) of the SC and ST (Prevention of Atrocities) Act against the order dated 01.02.2025 passed by the learned Special Judge Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act Cases, Rajsamand whereby, the bail application preferred under Section 483 BNSS on behalf of the appellant was rejected.
2. Heard learned counsel for the parties at Bar and perused the material available on record.
3. This Court looking to the nature of the allegations levelled against the present appellant directed the learned Public Prosecutor to call for the case diary vide order dated 12.02.2025.
4. In compliance of this Court’s order dated 12.02.2025, the learned Public Prosecutor has produced the case diary.
5. Upon a perusal of the case diary, this Court prima facie finds that the prosecutrix is a mature married woman. The documents and the statements of the prosecutrix recorded under
Lack of incriminating evidence and absence of threats to witnesses justified granting bail under the SC/ST Act.
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 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.
Consistency in witness statements and the accused's criminal background can influence the court's decision on bail applications in serious criminal cases.
The court established that delays in implicating an individual and the absence of strong evidence are critical factors in determining bail eligibility.
The main legal point established is that bail can be granted under Section 14(A)(2) of the SC/ST (PA) Act based on the prosecutrix's allegations, lack of sustained injury, and the need for the appell....
The court granted bail based on the victim's voluntary actions and lack of evidence of coercion or risk of influencing witnesses.
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