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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE KULDEEP MATHUR, J
MOHD SHAHDIL @ SADIL – Appellant
Versus
STATE OF RAJASTHAN – Respondent
Order :
1. These appeals have been filed under Section 14-A SC/ST (Prevention of Atrocities) Act on behalf of the appellants, who are in custody in connection with F.I.R. No.454/2024, registered at Police Station Goverdhan Vilas, District Udaipur, for the offences under Sections 140(2), 115(2), 120(1), 127(2) & 3(5) of BNS and Section 3(2)(va) of the SC and ST (Prevention of Atrocities) Act against the orders dated 16.12.2024 & 06.12.2024 passed by the learned Special Judge Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Cases, Udaipur, whereby, the bail applications preferred under Section 483 BNSS on behalf of the appellants were rejected.
2. Heard learned counsel for the parties at Bar and perused the material available on record.
3. Learned counsel for the appellants submitted that the appellants have been falsely implicated in the present case. Learned counsel submitted that as per the prosecution, the appellants acting upon their suspicion that the complainant had stolen their motorcycle, had abducted him and thereafter inflicted injuries upon him with fists.
4. Drawing attention of the Court towards the challan papers, learned counsel for the appellants submitted
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 ruled that the lack of evidence regarding the appellant's knowledge of the complainant's caste justified the granting of bail.
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 the rejection of bail must be justified by substantial reasons, particularly considering the severity of injuries and the duration of custody.
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 should be granted based on parity with co-accused and the anticipated length of the trial.
Bail can be granted in the absence of specific allegations against accused, especially when prolonged detention is involved.
The court considered the similarity of allegations with other co-accused persons who had been granted bail and the expected lengthy trial duration as key factors in granting bail to the accused-appel....
The court has the discretion to grant bail after considering the entirety of facts and circumstances, and the arguments presented.
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