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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE KULDEEP MATHUR, J
Asif – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
(KULDEEP MATHUR, J.)
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.460/2024, registered at Police Station Suratgarh, District Sri Ganganagar, for the offences under Sections 331(6), 109(1), 110, 115(2), 127(2), 324(6), 190, 191(2) and 191(3) of BNS and Sections 3(1)(r)(s) and 3(2)(v)(va) of the SC and ST (Prevention of Atrocities) Act against the orders dated 13.11.2024, 19.10.2024, 16.10.2024 and 13.11.2024 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, learned Public Prosecutor and learned counsel for the complainant. 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 12.09.2024, the injuries allegedly inflicte
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 granted bail to the appellants, emphasizing that the injuries were grievous but not life-threatening, and the investigation was concluded.
The court ruled that prolonged detention without trial is unjustified, especially when co-accused granted bail under similar circumstances.
The court ruled that lack of evidence and inconsistencies in witness statements justified granting bail to the appellants despite serious charges.
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 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.
Court ruled that bail should be granted when allegations are less severe compared to co-accused, highlighting equal treatment and length of custody as justifications.
Bail can be granted in the absence of specific allegations against accused, especially when prolonged detention is involved.
The court's decision was influenced by the consideration of the appellants deserving bail based on the entirety of facts and circumstances available on record.
Absence of direct evidence of mens rea justified granting bail under SC/ST (Prevention of Atrocities) Act.
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