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Judgment
6 paragraphs · 369 wordsManoj Kumar Garg, J
The instant appeal has been filed under Section 14-A SC/ST (Prevention of Atrocities) Act on behalf of the appellant, who is in custody in connection with F.I.R. No.156/2023 registered at Police Station Badnor, District Bhilwara for the offences punishable under Sections 323 & 341 of IPC and Sections 3(1)(R), 3(1)(S) & 3(2) (VA) of the SC/ST (Prevention of Atrocities) Act against the order dated 17.08.2023 passed by the learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Bhilwara, 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 similar situated co-accused persons, namely, Ramchandra and Prakash have already been granted bail by this Court and the case of the present petitioner is not distinguishable from that of the co-accused. The appellant is in judicial custody and the trial of the case will take sufficiently long time to be concluded. Therefore, the benefit of bail may 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 17.08.2023 passed by the learned Special Judge, SC/ ST (Prevention of Atrocities) Cases, Bhilwara, is set aside. It is ordered that the accused-appellant, Sanwar S/o Halu Gurjar, arrested in connection with F.I.R. No.156/2023 registered at Police Station Badnor, District Bhilwara 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.