The High Court establishes that bail can be granted to accused under the SC/ST Act, even where firearms are allegedly used and injuries are sustained, if the medical report classifies such injuries as simple and the charge sheet is already filed. This judgment affirms the discretionary approach of the courts at the bail stage under Section 14A(2) of the SC/ST Act, providing binding authority for subordinate courts in Rajasthan.
Summary
| Category | Data |
|---|---|
| Case Name | CRLAS/2678/2025 of GAUTAMSINGH @ SHANI SON OF PUSHPENDRA SINGH, Vs THE STATE OF RAJASTHAN |
| CNR | RJHC020791862025 |
| Date of Registration | 03-10-2025 |
| Decision Date | 30-10-2025 |
| Disposal Nature | ALLOWED |
| Judgment Author | PRAMIL KUMAR MATHUR |
| Court | High Court of Rajasthan |
| Bench | Single Bench |
| Precedent Value | Binding authority for subordinate courts in Rajasthan |
| Type of Law |
|
| Questions of Law | Whether bail should be granted under Section 14A(2) of the SC/ST Act for offences under Sections 109(1) and 3(5) of the BNS, 2023, considering the nature of injuries and stage of investigation. |
| Ratio Decidendi |
The court held that, regardless of the allegations of firearm use and injury, if medical evidence classifies injuries as simple, the charge sheet is filed, and there are no significant criminal antecedents, bail under Section 14A(2) of the SC/ST Act is justified. The court also took into account the duration for which the appellants have been in custody. No comments were made on merits of the case; decision was based on facts and procedural circumstances. |
| Facts as Summarised by the Court | Appellants were accused in FIR No.103/2025 under Sections 109(1) and 3(5) BNS, allegedly for causing injuries by firearm to Devnarain. Medical report showed only simple injuries. Charge sheet was filed and only one appellant had a previous antecedent. Appellants were in custody for considerable time. |
Practical Impact
| Category | Impact |
|---|---|
| Binding On | All subordinate courts in Rajasthan |
| Persuasive For | Other High Courts considering bail under similar provisions |
| Follows | Continues the application of established bail jurisprudence under SC/ST Act |
What’s New / What Lawyers Should Note
- Bail can be granted under Section 14A(2) of the SC/ST Act even in cases involving firearms where resulting injuries are medically classified as simple.
- Filing of charge sheet and absence of serious criminal antecedents strengthen the bail plea.
- The decision reaffirms the precedence of the court’s discretion at the bail stage under the SC/ST Act.
- Lawyers can cite this authority for bail in comparable circumstances, particularly where injuries are simple and charge sheets have been filed.
Summary of Legal Reasoning
- The High Court considered allegations of injury caused by firearms but focused on the medical report, which indicated only simple injuries to the victim.
- The court acknowledged that the charge sheet had already been filed, and except one, appellants did not have prior criminal antecedents.
- The duration of custody for each appellant was addressed, noting significant time spent in custody before bail consideration.
- The Court permitted bail without commenting on the merits, based on a cumulative assessment of the above factors, and citing no legal bar when the allegations are not grave based on medical evidence.
Arguments by the Parties
Petitioner
- Asserted false implication of appellants.
- Emphasized the medical report, which showed only simple injuries.
- Noted the filing of charge sheet and limited criminal antecedents (only one appellant with a prior record).
- Highlighted lengthy duration of custody.
Respondent
- Strongly opposed the appeals for bail.
Complainant
- No representation, despite service.
Factual Background
Appellants were named in FIR No.103/2025 registered at Police Station Kehrli Mod, District Bharatpur for alleged offences under Sections 109(1) and 3(5) of the Bharatiya Nyaya Sanhita, 2023, involving causing firearm injuries to Devnarayan. The medical report classified the injuries as simple in nature. Charge sheet was filed against the appellants, who had been in custody for several months prior to their application for bail. Only one appellant had a previous criminal antecedent.
Statutory Analysis
- Section 14A(2) of the SC/ST (Prevention of Atrocities) Act, 1989: The provision for appeals against orders of specified courts, including those refusing or granting bail.
- Sections 109(1) and 3(5) of BNS, 2023: Substantive offences related to abetment and specific acts under the new criminal code.
- The judgment interprets these provisions to enable bail when aggravating factors (serious injury, grave antecedents) are absent, and the trial process is underway post-charge-sheet.
Procedural Innovations
None noted; the court adopted conventional procedures for bail consideration under Section 14A(2) of the SC/ST Act.
Alert Indicators
- ✔ Precedent Followed – Existing bail jurisprudence under the SC/ST Act affirmed.