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DEEPAK KUMAR AGARWAL
Bharat Parihar – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
Deepak Kumar Agarwal, J. - The appellant has filed this appeal under Section 14-A(2) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the order dated 05.11.2022 passed by Special Judge,(Atrocities) Shivpuri, whereby, application of appellant preferred under Section 439 of Cr.P.C. has been rejected.
2. Appellant has been arrested on 06.09.2022 by Police Station Karera, District Shivpuri in connection with Crime No.529/2022 registered in relation to the offences punishable under Sections 366, 376(D), 342 of IPC and under Section 3(1)(w)(i), 3(2)(v) of S.C.S.T. Act.
3. After investigation, charge-sheet has been submitted.
4. In brief, the prosecution case is that on 03.09.2022 at 12.54 P.M., prosecutrix a married lady aged about 20 years along with her husband at village Dawarbhat lodged a report at Police Station Karera,District Shivpuri against one Kalluti alleging that on 02.09.2022 in the evening at 3 P.M., from village Madgava by walking and she reached her in-laws house to village Dawarbat. At 5 P.M. when she reached near the aforesaid village, present appellant/accused along with Kalluti enquired from her where she was going and told he
The court considered the duration of custody and the expected trial timeline in granting bail to the appellant.
The Court's decision emphasized the importance of cooperation in trial proceedings and compliance with imposed conditions for granting bail under Section 439 of Cr.P.C.
The completion of investigation, filing of the charge sheet, and the time required for trial are important factors in considering bail applications.
The main legal point established is the court's discretion in granting bail under the Scheduled Castes and Scheduled Tribes (Prevention of atrocities) act, 1989, based on the facts and circumstances ....
The Court has the discretion to grant bail based on the facts and circumstances of the case, without commenting upon the merits of the case.
The court's decision emphasized the importance of cooperation in the trial and adherence to the conditions of anticipatory bail under Section 438 of Cr.P.C.
The court considered the period of custody and the circumstances of the case in allowing the bail application, without commenting on the merits of the case.
The court established that in cases involving serious allegations, the presumption of innocence and the circumstances surrounding the accused's detention must be carefully weighed against the nature ....
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