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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE KULDEEP MATHUR, J
RAGHUVEER SINGH – Appellant
Versus
STATE OF RAJASTHAN – Respondent
Order :
1. 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.120/2024, registered at Police Station Anandpur Kallu, District Beawar, for the offences under Sections 115(2), 126(2), 140(3) and 109(1) of BNS; and Sections 3(1)(r)(s) and 3(2)(v) of the SC and ST (Prevention of Atrocities) Act against the order dated 21.01.2025 passed by the learned Special Judge Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act Cases, Pali whereby, the bail application preferred under Section 483 BNSS. on behalf of the appellant was rejected.
2. Heard learned counsel for the parties and perused the material available on record.
3. Leaned counsel for the appellant submitted that the co-accused- Mahendra (S.B. Criminal Appeal (Sb) No.1893/2024) and Mag Singh @ Mangu Singh (S.B. Criminal Appeal (Sb) No.101/2025) have already been enlarged on bail by this Court vide orders dated 17.01.2025 and 28.01.2025 respectively. Learned counsel submitted that the case of the present appellant is not at all distinguishable from that of the above named co-accused persons who have already been e
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 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 an accused should be granted bail when co-accused in similar circumstances have been released, emphasizing the principle of parity in bail applications.
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....
Bail can be granted based on parity with co-accused and the absence of evidence justifying continued detention, emphasizing the need for expeditious trial.
The court granted bail to the appellants, emphasizing that the injuries were grievous but not life-threatening, and the investigation was concluded.
The court allowed bail for the appellant, finding no material distinction from a co-accused already granted bail and no risk of influencing witnesses or fleeing.
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 established that the rejection of bail must be justified by substantial reasons, particularly when similar cases have resulted in bail being granted.
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