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DEEPAK KUMAR AGARWAL
Jagdish Goswami – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
Deepak Kumar Agarwal, J. - At the outset, learned State counsel apprised this Court that respondent No.2/complainant has been informed with regard to pendency of this appeal as required under Section 15-A of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short "the Act") but despite service of notice none appeared on behalf of the respondent No.2/complainant.
2. This repeat criminal appeal has been preferred under Section 14-A(2) of the Act against the impugned order dated 06/02/2023 passed by Special Judge (under the Act), Vidisha (M.P.), whereby appellant's application under Section 439 of the Code of Criminal Procedure has been rejected. His first appeal was dismissed on merits, second, third and fourth appeals were dismissed as withdrawn by the coordinate Bench.
3. The appellant has been arrested on 02/08/2019 in connection with Crime No.217/2019 registered at Police Station- Kurwai, District- Vidisha (M.P.) in relation to the offence punishable under Section 450 and 376(2)(H)(J)(I) read with section 376 (2) of IPC and Section 3(2)(V) of the Act.
4. Prosecution story, in short, is that on 30/05/2019, the complainant-Rajkumar lodged
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'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 court's decision was primarily based on the statement of the prosecutrix recorded under Section 164 of Cr.P.C and the facts and circumstances of the case, in line with the judgment passed by the ....
The court applied the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 and considered the facts and circumstances of the case in granting bail to the appellants.
The court considered the duration of custody and the expected trial timeline in granting bail to the appellant.
Granting bail based on length of custody, filing of charge sheet, and absence of criminal antecedents without expressing opinion 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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