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VISHAL MISHRA
Devendra @ Lakky Kuchhwaha – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
Vishal Mishra, J. - This second appeal has been filed under Section 14-a of the Scheduled Castes and Scheduled Tribes (Prevention of atrocities) act, 1989 (for brevity 'the act') against the order dated 23.12.2021 passed by Special Judge, (SC/ST) act, Jabalpur, District Jabalpur (MP), whereby the application of the appellants under Section 439 of Cr.P.C. seeking bail has been rejected. His earlier application was rejected on merits vide order dated 21.02.2022 passed in Cr.a.No.1143/2022.
appellants have been arrested on 26.08.2021 in connection with Crime No.805/2021 registered at Police Station Madhotal, District Jabalpur for the offence punishable under Sections 307/34 of IPC and under Section 3 (2) (v) of the SC/ST (Prevention of atrocities) act.
This repeat application has been filed on ground that injured witnesses have not supported the prosecution story and declared hostile. The appellants are ready to abide by all the terms and conditions that may be imposed by this Court while considering the bail application. On these grounds, they pray for grant of bail.
Per contra, learned counsel appearing for the State could not dispute the fact that the injured witnesses have no
The court considered the lack of support from injured witnesses and the first offender status of the appellants in granting bail under the Scheduled Castes and Scheduled Tribes (Prevention of atrocit....
Point of Law : Criminal Law – Detenue – Dismissal of bail applications - 1st petitioner is in judicial custody for the last 28 days and other petitioners are under detention for nearly 66 days - Inve....
The court considered the length of time the appellant had been in custody and the expected duration of the trial in granting bail.
The compromise between the parties and the acquittal from certain charges can be considered as changed circumstances warranting bail, and the court may impose specific conditions for the release of t....
The court granted bail due to insufficient evidence from hostile witnesses and the potential for false implications, emphasizing the importance of a fair trial.
The court's decision was influenced by the provisions of Section 14-a(2) of the SC/ST act, which allowed for the appellant's release on bail based on the circumstances of the 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....
Point of law :Grant of Bail - appellant has been falsely implicated in this case and the same has not been considered properly and the appellant is in custody
Bail can be granted under the SC/ST (Prevention of Atrocities) Act when the accused demonstrate no prior criminal record, have been in custody for a considerable time, and the charge sheet has been f....
The court has the discretion to grant bail based on the facts and circumstances of the case, considering the nature of the offense and the likelihood of the appellant's cooperation in the investigati....
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