Kailash Chandra vs State And Others

Manoj Kumar Garg, J

The instant appeal has been filed under Section 14-A of SC/ST (Prevention of Atrocities) Act, on behalf of the appellant, who is in custody in connection with F.I.R. No.121/2021, Police Station Begun, District Chittorgarh, for the offences under Sections 147, 148, 341, 342, 323, 327, 307, 302, 384 I.P.C. and Sections 3(2) (V) of SC/ST (Prevention of Atrocities) Act against the order dated 11.02.2022 passed by the learned Special Judge, SC/ST (Prevention of Atrocities Cases), Chittorgarh whereby, the bail application preferred under Section 439 Cr.P.C. on behalf of the appellant was rejected.

Counsel for the appellant submits that similarly situated co-accused Yogesh Kumar S/o Ladu Ram (CRLAS No.146/2022), Bheru Lal, Lilashankar, Babu Lal Dhakar, Sunil, Bablu Kumar, Deepak Kumar Rathore & Dinesh Chandra have already been granted bail by this Court and the case of present petitioner is not distinguishable from those of the 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. The learned court below has grossly erred in law and facts as well in declining to release the appellant on bail.

Learned Public Prosecutor has opposed the prayer for bail. Heard learned counsel for the appellant and learned public prosecutor and also perused the material available on record.

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 11.02.2022 passed by the learned Special Judge, SC/ST (Prevention of Atrocities Cases), Chittorgarh is set aside. It is ordered that the accused-appellant Kailash Chandra S/o Bhanwarlal Dhakad arrested in connection with F.I.R. No.121/2021, Police Station Begun, District Chittorgarh 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.