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G.S.AHLUWALIYA
Girraj Yadav – Appellant
Versus
Girraj Yadav – Respondent
JUDGMENT :
Gurpal Singh Ahluwalia, J.
Heard through video conferencing
1. Case Diary is available.
2. This second Criminal Appeal under Section 14-A of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act has been filed for grant of bail. First Criminal Appeal for grant of bail which was registered as Criminal Appeal No. 5639/2020, was dismissed on 09/11/2020.
3. The appellant has been arrested on 26/08/2020 in connection with Crime No. 108/2020 registered at Police Station Bahadurpur, District Ashok Nagar for offence under Sections 302, 307, 147, 148, 149, 436 of IPC and under Sections 3(2)(v), 3(2)(iv), 3(1)(r), 3(1)(s) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.
4. The first Criminal Appeal was filed merely on the ground of ill-health. After considering the medical documents filed by the appellant, this Court by order dated 09/11/2020 dismissed the criminal appeal with a direction to the State that in case, if any treatment is required, then the same shall be provided to the appellant without any failure.
5. Being aggrieved by the order dated 09/11/2020 passed by this Court in Criminal Appeal No. 5639/2020, the appellant preferred a Petition
The seriousness of the allegations against an accused and their medical condition are important factors in deciding whether to grant bail.
At the stage of bail, the court cannot appreciate the evidence led before the Trial Court, and previous dismissals of criminal appeals on merits may impact the consideration of a current appeal.
The court granted bail based on the nature of allegations, period of detention, and the arrest of the main accused, in line with the judgment passed by the Supreme Court in a similar case.
The court's decision was influenced by the consideration of the period of detention, the appellant's criminal history, and the likelihood of his absconding or tampering with the prosecution case in a....
Permanent bail on medical grounds overrides statutory bail restrictions when severe health conditions justify such relief.
The examination of the victim is a crucial factor in considering bail applications under Section 439 of Cr.P.C.
The court has the discretion to grant bail based on the circumstances of the case, including the nature of the offenses and the stage of the trial.
Lack of prosecution and interest by the applicant can lead to dismissal of a bail application.
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