The main legal point established is that the appellant deserves bail based on the facts and circumstances of the case.

JUDGMENT

Sandeep Mehta, J. - Learned Public Prosecutor has placed on record the report regarding the service of notice of appeal upon respondent No.2. No one has appeared on her behalf despite service.

2. Heard learned counsel for the appellant and learned Public Prosecutor. Perused the material available on record.

3. The instant appeal has been filed under Section 14A(2) SC/ST (PA) Act on behalf of the appellant, who is in custody in connection with F.I.R. No.271/2020, Police Station Shergarh, District Jodhpur for the offences under Sections 458, 354 IPC and Section 3(1)(WI), 3(2)(V) of the SC/ST (Prevention of Atrocities) Act against the order dated 14.01.2021 passed by the Special Judge, SC/ST (Prevention of Atrocities) Cases, Jodhpur whereby, the bail application preferred under Section 439 Cr.P.C. on behalf of the appellant was rejected.

4. 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 appellant deserves indulgence of bail. Hence, the order rejecting the application for bail filed on behalf of the appellant, cannot be sustained and deserves to be set aside.

5. Consequently, the instant appeal is allowed. The impugned order dated 14.01.2021 passed by the Special Judge, SC/ST (Prevention of Atrocities) Cases, Jodhpur is set aside. It is ordered that the accused-appellant, Shiva Ram S/o Luna Ram arrested in connection with F.I.R. No.271/2020, Police Station Shergarh, District Jodhpur, shall be released on bail; 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.