Back
HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE KULDEEP MATHUR, J
SHAMBHU 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.291/2024 registered at Police Station Aasind, District Bhilwara, for the offences under Sections 115(2), 126(2), 103(1), 352 and 3(5) of BNS and Sections 3(1)(r), 3(1)(s) 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, Bhilwara 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. Learned counsel for the appellant submitted that as per the prosecution, on 27.08.2024, when the complainant along with Dinesh Bheel, Bheru @ Nena Ram and the deceased- Rahul Bheel went to the house of Shambhu Singh i.e. the present appellant to make a complaint that he along with few other boys had unnecessarily fought with Bheru @ Nena Ram Bheel and Bherulal S/o Ladulal. Thereafter, the present appellant along with co-accused Suresh Singh, Ch
The court emphasized that vague allegations do not justify denial of bail, particularly when the accused claims self-defense and has no criminal history.
The court ruled that the lack of evidence regarding the appellant's knowledge of the complainant's caste justified the granting of bail.
Insufficient evidence and lack of specific allegations against the appellant justified the granting of bail under the SC/ST (Prevention of Atrocities) Act.
Bail can be granted in the absence of specific allegations against accused, especially when prolonged detention is involved.
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 nature of injuries and the treatment of co-accused in similar cases are critical factors in bail considerations under the SC/ST (Prevention of Atrocities) Act.
The court has the discretion to grant bail after considering the entirety of facts and circumstances, and the arguments presented.
The court established that bail can be granted under the SC/ST (Prevention of Atrocities) Act when the circumstances indicate that the accused may not pose a flight risk and the trial may take consid....
The court established that bail should be granted based on parity with co-accused and the anticipated length of the trial.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
