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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
KULDEEP MATHUR
Raipal Singh, S/o Shri Lal Singh – Appellant
Versus
State Of Rajasthan, Through Pp – Respondent
Order :
(KULDEEP MATHUR, J.)
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.15/2023 registered at Police Station Girab, District Barmer, for the offences under 341, 323 and 302/34 of IPC and Sections 3(1)(r)(s), 3(2)(v) and 3(2)(v)(a) of the SC and ST (Prevention of Atrocities) Act against the order dated 26.11.2024 passed by the learned Special Judge Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act Cases, Barmer whereby, the bail application preferred under Section 439 Cr.P.C. on behalf of the appellant was rejected.
2. As per the prosecution, the complainant- Indra ram submitted a written complaint on 13.04.2023 at Police Station Girab, District Barmer, stating inter alia that on 12.04.2023, at about 07:30 am, his father Kojaram and his younger sisters Kumari Mamta and Jhammu had gone to the fields for grazing their goats. Upon seeing the complainant’s father- Kojaram, Narendra Singh S/o Gulab Singh, Ravinder Singh S/o Ram Singh, Raipal Singh S/o Dal Singh (appellant), Gulab Singh S/o Shri Dal Singh, Devi Singh S/o Dhan Singh, Mahendra Singh (Pappu Sin
The presence of an accused at a crime scene does not establish guilt without specific allegations of their actions, warranting bail in lengthy trials.
The court ruled that lack of evidence and inconsistencies in witness statements justified granting bail to the appellants despite serious charges.
The court's decision was influenced by the interpretation of the victim's statements recorded under different sections of Cr.P.C. and the completion of the investigation against the appellant, leadin....
The court established that the bar on bail under the Atrocities Act does not apply to applications made under Sec. 439 of the CrPC, and emphasized the importance of distinguishing between instigation....
The court's decision to grant bail was influenced by the fact that star witnesses had turned hostile, without expressing any opinion on the merits of the case.
Bail can be granted when there is no eyewitness testimony and medical evidence suggests alternative causes of death, outweighing the severity of charges.
The court ruled that lack of supporting evidence from key witnesses and prolonged detention justified granting bail under the SC/ST Act.
The court established that delays in implicating an individual and the absence of strong evidence are critical factors in determining bail eligibility.
The lack of support from prosecution witnesses and the absence of specific allegations against the appellants influenced the court's decision to grant bail.
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