New Delhi: The Supreme Court has granted bail to BJP leader and former Rajasthan MLA Girraj Singh Malinga, overturning a Rajasthan High Court decision that had cancelled his earlier bail in an assault case.
Malinga, who was accused of assaulting a Dalit engineer in March 2022, approached the Supreme Court after the High Court’s July 5, 2023, order revoked the bail granted to him in 2022.
On December 13, a bench comprising Justice MM Sundresh and Justice Aravind Kumar restored the bail, noting that Malinga had surrendered as directed by the court during earlier proceedings.
The bench observed, “Considering the appellant’s compliance with our earlier directions and the facts and circumstances of the case, we are inclined to set aside the impugned order and restore the grant of bail.”
The FIR against Malinga alleged that, as a Congress MLA, he entered the office of an assistant engineer from the State’s electricity department with several others, assaulted the engineer, and hurled casteist abuses.
The incident allegedly stemmed from a dispute over the disconnection of electricity in a village and the removal of transformers.
Malinga was charged under IPC Section 307 (attempt to murder) and provisions of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
Following the incident, the Congress party denied him a ticket for the 2023 State Assembly elections, leading him to join the BJP.
Although Rajasthan High Court initially granted him bail in May 2022, the complainant sought its cancellation, citing concerns about Malinga’s influence and allegations of intimidation after his release. This led to the High Court revoking his bail in July 2023.
Represented by Senior Advocate Mukul Rohatgi and a legal team including Ajit Sharma and Aditya Vikram Singh, Malinga challenged the High Court’s decision in the Supreme Court.
Additional Advocate General Shiv Mangal Sharma and advocates representing the complainant argued against restoring his bail.
The Supreme Court reinstated the bail, directing Malinga’s release on the same terms as those originally set by the High Court.
