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DEEPAK KUMAR AGARWAL
Vikendra Rawat – 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 16/11/2021 passed by trial Court; whereby, application of appellant preferred under Section 439 of Cr.P.C. has been rejected.
Appellant has been arrested on 31/10/2021 by Police Station Kotwali, District Datia in connection with Crime No.284/2021 registered in relation to the offences punishable under Sections 307 read with Sec. 34 of IPC, Sec. 25, 27 of arms act and Sec. 3(2)(5) of SC/ST act.
The story of prosecution case is that complainant is having previous enmity with one Sonu Balmik with regard to occultism and due to which i.e on 11.06.2021 at about 11:00 am when the complainant after taking dinner, he roaming outside his house, at that time, accused person namely Sonu Balmik, Sallu Balmik, Umesh Balmik and Kashi Prasad came there by two motorcycles and with intention to kill, accused Sallu Balmik fired gunshot which hit on his right thigh. Blood was oozing out, thereafter he fell down. His brother-Suneel Balmik, Rohit Balmik and aman Balmik took him to District Hospital Datia, where a
The court considered the appellant's prolonged custody and the likely duration of the trial in deciding to grant bail, without commenting on the merits of the case.
The court considered the duration of custody and the expected trial timeline in granting bail to the appellant.
The court's decision emphasized the grant of anticipatory bail and the appellant's cooperation in the trial, without commenting on 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'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 main legal point established is the court's discretion to grant anticipatory bail under the SC/ST Act, considering the facts and circumstances of the case and the need for a bail bond and surety ....
The length of custody and the expected duration of the trial are important considerations in granting bail in criminal cases.
The principle of equal treatment in bail applications for co-accused under similar circumstances is a key legal point established in this judgment.
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