AI Structured Summary
Not yet generated for this judgment
No AI summary yet
Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.
Judgment
7 paragraphs · 346 wordsManoj Kumar Garg, J
Heard the learned counsel for the appellant and the learned Public Prosecutor as well as counsel for the respondent No.2 and perused the material available on record.
The instant appeal has been filed under Section 14A (1) of SC/ST Act on behalf of the appellant, who is in custody in connection with FIR No.448/2023, Police Station Saveena, District Udaipur for the offences under Sections 341, 323, 384, 365 and 120-B of IPC and Section 3(2)(va) of SC/ST (Prevention of Atrocity) Act and against the order dated 10.08.2023 passed by the Special Judge, SC/ST Act (Prevention of Atrocities) Act Cases, Udaipur whereby the bail application preferred under Section 439 Cr.P.C. on behalf of the appellant was rejected.
Counsel for the appellant submits that similar situated co-accused Dharmendra has already been enlarged on bail by this Court and case of present appellant is similar to that of co-accused. The accused-appellant is in judicial custody and the trial of the case will take sufficient long time to be concluded. Therefore, the benefit of bail should be granted to the accused-appellant.
Learned Public Prosecutor and counsel for the respondent No.2 have opposed the prayer for bail.
Having regard to the entirety of facts and circumstances as available on record and upon a consideration of the arguments advanced at the bar, this Court is of the opinion that the order rejecting the application for bail filed on behalf of the appellant, cannot be sustained and deserves to be set aside.
Consequently, the instant appeal is allowed. The impugned order dated 10.08.2023 passed by the Special Judge, SC/ST Act (Prevention of Atrocities) Act Cases, Udaipur is set aside. It is ordered that the accused-appellant Aashuram S/o Dudaram arrested in connection with FIR No.448/2023, Police Station Saveena, District Udaipur shall be released on bail; provided he furnish a personal bond of Rs.1,00,000/- and two surety bonds of Rs.50,000/- each to the satisfaction of the learned trial court with the stipulation to appear before that court on all dates of hearing and as and when called upon to do so.