The main legal point established in the judgment is the court's discretion to grant bail based on the entirety of facts and circumstances, including the filing of the charge-sheet and the comparison with the case of the co-accused.

JUDGMENT

1. Lawyers are not physically appearing in the Court in view of the unprecedented situation being faced by the country due to pandemic of novel corona virus (COVID-19).

2. The instant appeal has been filed under Section 14A(2) SC/ST (Prevention of Atrocities) Act on behalf of the appellant, who is in custody in connection with F.I.R. No. 46/2021 Police Station Sanchore, District Jalore for the offences under Sections 342, 323, 306 IPC and Section 3(1)(R)(S), 2(V)(VA) SC/ST (Prevention of Atrocities) Act against the order dated 30.03.2021 passed by the Special Judge, SC/ST (Prevention of Atrocities) Cases, Jalore whereby, the bail application preferred under Section 439 Cr.P.C. on behalf of the appellants was rejected.

3. Heard. Perused the material available on record.

4. Learned counsel for the appellants submits that the charge-sheet has been filed. He further submits that appeal of the co-accused Pratap Singh and Laxman Singh has been allowed by the co-ordinate Bench of this Court vide order dated 7.4.2021 and the case of the present appellants is not distinguishable from that of the co-accused.

5. Having regard to the entirety of facts and circumstances as available on record and upon a consideration of the arguments advanced, this Court is of the opinion that the appellant deserves to be enlarged on bail.

6. Consequently, the instant appeal is allowed. The impugned order dated 30.03.2021 passed by the Special Judge, SC/ST (Prevention of Atrocities) Cases, Jalore is set aside. It is ordered that the accused-appellant (1) Isha Bhai S/o Sh. Mohan Bhai (2) Ganpat Bhai S/o Mohan Bhai (3) Jayanti Bhai S/o Sh. Chhagan Bhai arrested in connection with F.I.R. No. 46/2021 Police Station Sanchore, District Jalore shall be released on bail; provided they furnish a personal bond of Rs. 50,000/- (Rupees: Fifty Thousand Only) and two sureties of Rs. 25,000/-(Rupees: Twenty Five Thousand Only) 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.