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Judgment
Heard learned counsel for the appellant and learned Public
Prosecutor. Perused the order under challenge.
This appeal has been preferred on behalf of the appellant
Pappu Singh @ Roop Singh under Section 14A(2) of the SC/ST
(Prevention of Atrocities) Amendment Act 2015 being aggrieved of
the order dated 6.4.2017 passed by learned Special Judge, SC/ST
(Prevention of Atrocity) Cases, Udaipur in Cr. Case No.140/2017
rejecting the bail application preferred on behalf of the appellant
who is in custody in connection with FIR No.106/2017, Police
Station Ambamata, Udaipur, for the offences under Sections 365,
342 and 323 / 34 IPC and Section 3(1) ( n)(/k)(M+) of SC/ST
(Prevention of Atrocities) Act.
Having regard to the entirety of the facts and circumstances
available on record and particularly, the fact that the FIR was
lodged after some delay, but without expressing any opinion on
the merits of the case, this Court is of the opinion that the
appellant is entitled to be released on bail.
Consequently, the appeal is allowed. The order dated
6.4.2017 is set aside. It is ordered that the accused-appellant
Pappu Singh @ Roop Singh arrested in connection with FIR
No.106/2017, Police Station Ambamata, Udaipur shall be released
on bail during pendency of the trial; provided he furnishes a
personal bond of Rs.50,000/- and two surety bonds of Rs.25,000/-
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.