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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE KULDEEP MATHUR, J
MOHIT KUMAR – Appellant
Versus
STATE OF RAJASTHAN – Respondent
Order :
1. These appeals have been filed under Section 14A SC/ST (Prevention of Atrocities) Act on behalf of the appellants, who are in custody in connection with F.I.R. No.111/2024, registered at Police Station Kesarisinghpur, District Sri Ganganagar, for the offences under Sections 458, 365, 307, 323, 382 and 143 IPC and Sections 3(2)(va) of the SC and ST (Prevention of Atrocities) Act against the orders dated 20.11.2024 and 27.11.2024 passed by the learned Special Judge Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act Cases, Sri Ganganagar whereby, the bail applications preferred under Section 439 Cr.P.C. on behalf of the appellants were rejected.
2. Heard learned counsel for the parties and learned Public Prosecutor. Perused the material available on record.
3. Drawing attention of the Court towards the FIR and the challan papers submitted by the Investigating Agency before the competent criminal Court, learned counsel for the appellants submitted that in the alleged incident which occurred on 16.05.2024, the injuries allegedly inflicted by the appellants upon the injured are though grievous in nature but the same are not dangerous to life. Learned counsel submitt
The court granted bail to the appellants, emphasizing that the injuries were grievous but not life-threatening, and the investigation was concluded.
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 established that an accused should be granted bail when co-accused in similar circumstances have been released, emphasizing the principle of parity in bail applications.
In exceptional circumstances, such as the prevailing situation due to the COVID-19 pandemic, courts may grant bail to accused persons, even in cases involving serious offenses, to ensure their safety....
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 principle of parity requires that if co-accused are granted bail, similar treatment should be extended to the appellant unless distinguishable circumstances exist.
The court has the discretion to grant bail after considering the facts and circumstances of the case, and the rejection of bail applications can be set aside if found unsustainable.
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 held that bail should be granted when allegations do not involve grievous injuries and the trial may take a long time, indicating potential for unjust detention.
The court determined that the appellant's circumstances warranted bail, as they were not worse than those of co-accused already granted bail.
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