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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
Mr. Justice Kuldeep Mathur, J
VISHAL JAT – Appellant
Versus
STATE OF RAJASTHAN – Respondent
Order :
1. Service of notice upon the respondent No.2 is complete.
2. 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.171/2024, registered at Police Station Gangrar, District Chittorgarh, for the offences under Sections 147, 427, 436, 448/149 of IPC; and Sections 3(1)(r)(s), 3(2)(va) and 3(2)(v) of the SC and ST (Prevention of Atrocities) Act against the order dated 21.11.2024 passed by the learned Special Judge Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act Cases, Chittorgarh whereby, the bail application preferred under Section 483 BNSS on behalf of the appellant was rejected.
3. Heard learned counsel for the parties at Bar and perused the material available on record.
4. Learned counsel for the appellant submitted that the co-accused persons namely Rahul (S.B. Criminal Appeal (Sb) No.1318/2024), Roshan Lal (S.B. Criminal Appeal (Sb) No.1319/2024), Rakesh Giri @ Devendra Giri (S.B. Criminal Appeal (Sb) No.1492/2024), Govind Lal (S.B. Criminal Appeal (Sb) No.1493/2024), Prakash Suthar (S.B. Criminal Appeal (Sb) No.1494/2024); Ratan Lal, Goverdhan, Raju
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.
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 granted bail to the appellants, emphasizing that the injuries were grievous but not life-threatening, and the investigation was concluded.
The court determined that the appellant's circumstances warranted bail, as they were not worse than those of co-accused already granted bail.
The court established that the denial of bail must be justified, especially when co-accused are granted bail under similar circumstances.
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 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 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 determined that the appellant's case was not distinguishable from co-accused granted bail, leading to the conclusion that bail should be granted without evidence of witness tampering or fli....
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