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Judgment
7 paragraphs · 327 wordsManoj Kumar Garg, J
Heard the learned counsel for the appellant and the learned Public Prosecutor. Perused the material available on record.
The instant appeal has been filed under Section 14A of SC/ST (PA) Act on behalf of the appellant, who is in custody in connection with FIR No.448/2023, Police Station Savina, District Udaipur for the offences under Sections 341, 323, 384, 365, 120-B IPC and Section 3(2)(va) of SC/ST (Prevention of Atrocity) Act against the order dated 03.08.2023 passed by learned Special Judge, SC/ST (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 compromise has arrived at between the parties and 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 counsel for respondent No.2 concurs the fact of compromise arrived at between the parties, however, learned Public Prosecutor has 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 03.08.2023 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Act Cases, Udaipur is set aside. It is ordered that the accused-appellant Dharmendra S/o Bhagwati Lal arrested in connection with FIR No.448/2023, Police Station Savina, District Udaipur shall be released on bail; provided he furnishes 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.