SCHEDULED CASTES AND SCHEDULED TRIBES (PREVENTION OF ATROCITIES) ACT, 1989 – S. 14-A – Bail – Murder case involving allegations under SC/ST (PoA) Act – Distinction between accused – Pending investigation – CCTV evidence under forensic examination – Educational considerations – Partial grant of bail.
Appeal filed against order rejecting regular bail to accused Nos.3 and 4 in crime registered for offences involving assault, caste-based abuse and death of deceased allegedly caused after accused chased and pushed him onto National Highway where he was hit by unknown vehicle – Allegation that accused persons assaulted deceased with iron rods and pipes and abused him by referring to caste name – Appellants contended that no overt acts were attributed to them in FIR, that there was no material except alleged self-incriminating admissions of co-accused and that provisions of SC/ST (PoA) Act were inapplicable – State opposed bail contending that CCTV footage had been retrieved and sent to FSL and investigation was still pending.
Held : In matters involving serious allegations of violent assault resulting in death and where investigation is at crucial stage with CCTV footage undergoing forensic examination, Court would be slow in granting bail to accused against whom investigation is still in progress. Having regard to gravity of allegations and pendency of investigation, appellant No.1/Accused No.3 was not entitled to regular bail at that stage.
However, insofar as appellant No.2/Accused No.4 was concerned, Court took into consideration special circumstance that he was pursuing final year engineering course and examinations were scheduled from 19.05.2026 onwards. Balancing requirement of investigation with educational interests of accused, Court granted bail to appellant No.2 subject to stringent conditions including weekly appearance before Investigating Officer, non-interference with witnesses and prohibition against tampering with evidence.
Grant of bail can be moulded differentially between co-accused depending upon individual circumstances, stage of investigation and competing considerations of justice.
(Paras 3 to 6)
HELD
Where investigation in serious offence involving allegations under SC/ST (PoA) Act is still pending and CCTV footage is under forensic examination, Court may decline bail considering gravity of allegations and requirement of fair investigation. (Paras 4 and 5)
Bail jurisdiction permits differential treatment among co-accused based on individual circumstances and peculiar facts applicable to each accused separately. (Para 5)
Educational requirements of accused, including necessity to attend scheduled examinations, constitute relevant consideration for grant of conditional bail where circumstances justify limited indulgence. (Paras 3 and 5)
Conditions directing periodic appearance before Investigating Officer, non-tampering with evidence and non-indulgence in similar offences are appropriate safeguards while enlarging accused on bail during pendency of investigation. (Para 6)
RESULT
Criminal Appeal partly allowed. Bail denied to appellant No.1/Accused No.3. Appellant No.2/Accused No.4 enlarged on conditional bail subject to execution of bond, weekly appearance before Investigating Officer and other stipulated conditions.
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