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Judgment
6 paragraphs · 356 wordsMadan Gopal Vyas, J
The instant appeal has been filed under Section 14-A(2) of SC/ ST (Prevention of Atrocities) Act, on behalf of the appellant, who is in custody in connection with FIR No.249/2022, Police Station Sayara, District Udaipur for the offences under Sections 143, 447, 448, 427, 149, 456 of IPC and Sections 3(1)(g), 3(2)(va), of SC/ST Act against the order dated 31.01.2023 passed by the learned Special Judge, Scheduled Caste / Scheduled Tribe (Prevention of Atrocities) Cases, Udaipur whereby, the bail application preferred under Section 439 Cr.P.C. on behalf of the appellant was rejected.
Learned counsel for the appellant submits that accused-appellant has falsely been implicated in this case. It is further submitted that similarly situated co-accused namely Chokharam and Pintu have already been enlarged on bail by this Court vide order dated 14.11.2022 and the case of the present appellant is similar to those of the co-accused. The accused-appellant is in judicial custody since long and the trial of the case will take sufficient long time. Therefore, it is prayed that the benefit of bail should be granted to the accused-appellant.
Learned Public Prosecutor and learned counsel for the complainant have vehemently 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 31.01.2023 passed by the learned Special Judge, Scheduled Caste/Scheduled Tribe (Prevention of Atrocities) Cases, Udaipur is set aside. It is ordered that the accused-appellant Govind Singh S/o Pan Singh, arrested in connection with FIR No. 249/2022, Police Station Sayara, 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.