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Judgment
8 paragraphs · 387 wordsRameshwar Vyas, J
Despite service of notice, nobody has put in appearance on behalf of the respondent No. 2-complainant.
The instant criminal appeal has been filed under Section 14A of the S.C./S.T. (Prevention of Atrocities) Act, 2015 on behalf of the appellant, who is in custody in connection with F.I.R. No. 685/2020, Police Station Pratapnagar, District Udaipur for the offences under Sections 302, 201 & 120-B of I.P.C. and Section 3(2)(va) of S.C./S.T. (Prevention of Atrocities) Act against the Order dated 21.05.2022 passed by the Special Judge, S.C./S.T. (Prevention of Atrocities) Act Cases, Udaipur, whereby the bail application preferred under Section 439 of Cr.P.C. on behalf of the appellant was rejected.
Heard learned counsel for the appellant as well as learned Public Prosecutor. Perused the material available on record.
Learned counsel for the appellant submits that appeals filed by the co-accused viz. Surendra, Tapandas, Rakesh and Ajay have been allowed and they have already been enlarged on bail by this Court vide Order dated 22.07.2022 passed in S.B. Criminal 2nd Appeal No. 845/2022, S.B. Criminal Appeal No. 999/2022 and S.B. Criminal Appeal No. 1093/2022, respectively. The case of the present appellant is not graver than the case of the co-accused who have been enlarged on bail. In the above circumstances, he prays that the appeal of the appellant may be allowed and he may also be enlarged on bail.
Learned Public Prosecutor has opposed the appeal.
Having regard to the rival contentions of learned counsel for the parties as well as facts and circumstances of the case, without commenting upon the merits of the case, this Court is of the opinion that the appeal filed by the appellant deserves to be accepted.
Consequently, instant criminal appeal is allowed. The impugned Order dated 21.05.2022 passed by the Special Judge, S.C./S.T. (Prevention of Atrocities) Act Cases, Udaipur is set aside. It is ordered that the accused-appellant - Jaivardhan Singh S/o Ramesh Singh arrested in connection with F.I.R. No. 685/2020, Police Station Pratapnagar, District Udaipur shall be released on bail provided he furnishes a personal bond of Rs.1,00,000/-(Rupees: One Lac Only) and two sureties of Rs.50,000/- (Rupees: Fifty Thousand Only) each to the satisfaction of the trial Court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.