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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
Mr. Justice Kuldeep Mathur, J
BHAGWATI @ PAPPU KALAL – Appellant
Versus
STATE OF RAJASTHAN – Respondent
Order
1. The instant appeal has been filed under Section 14A(2) 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 Bagadi, District Pali, for the offences under Sections 126(2), 115(2), 74 & 189(2) of BNS; Section 3(1)(r)(s) & 3(2)(va) of the SC and ST (Prevention of Atrocities) Act against the order dated 03.12.2024 passed by the learned Special Judge Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act Cases, Pali whereby, the bail application preferred under Section 483 of BNSS on behalf of the appellant was rejected.
2. Drawing attention of the Court towards the injury report of the injured persons, learned counsel for the petitioner submitted that all the injuries allegedly inflicted by the petitioner upon the injured persons are simple in nature. Learned counsel further submitted that at the time when the alleged incident occurred, the appellant had no knowledge about the caste of the complainant and, therefore, it is totally incorrect to say that he has intentionally used the caste based slurs. Learned counsel further submitted that the appellant has been falsely impl
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 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 established that bail should be granted based on parity with co-accused and the anticipated length of the trial.
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 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 established that in cases involving non-serious charges and prolonged trial durations, bail may be granted even under the SC/ST (Prevention of Atrocities) Act.
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's decision to grant bail was influenced by the nature of injuries and the length of the trial, as per the provisions of the SC/ST (Prevention of Atrocities) Act.
The court considered the nature of the offenses, absence of injuries, and expected trial duration in deciding to grant bail to the accused-appellant.
The court has the discretion to grant bail after considering the facts and circumstances of the case, and the order rejecting the bail application can be set aside if found unsustainable.
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