The court has the discretion to grant bail after considering the entirety of facts and circumstances of the case.

Headnote:
Bail - SC/ST (Prevention of atrocities) Act - The court set aside the order rejecting the bail application and granted bail to the accused appellants in a case involving offenses under IPC and SC/ST act.
Fact of the Case:

The appellants filed appeals under Section 14a (2) Scheduled Castes and the Scheduled Tribes (Prevention of atrocities) act against the rejection of their bail application in connection with FIR No.78/2022, Police Station Jaisalmer Kotwali, Distt. Jaisalmer for offenses under Sections 341, 323, 143, 395 of IPC and Section 3(2)(v) of SC/ST act.
Finding of the Court:

The court, after considering the arguments, set aside the order rejecting the bail application and granted bail to the accused appellants.
Issues: The main issue was the rejection of the bail application filed on behalf of the appellants and the argument for their release on bail.
Ratio Decidendi: The court found that the order rejecting the bail application cannot be sustained and deserves to be set aside, considering the entirety of facts and circumstances of the case.
Final Decision: The appeals were allowed, and the impugned order rejecting the bail application was set aside. The accused appellants were ordered to be released on bail in FIR No.78/2022, Police Station Jaisalmer Kotwali, Distt. Jaisalmer.

JUDGMENT

Manoj Kumar Garg, J. - Both the appeals have been filed under Section 14a (2) Scheduled Castes and the Scheduled Tribes (Prevention of atrocities) act on behalf of the appellants, who are in custody in connection with FIR No.78/2022, Police Station Jaisalmer Kotwali, Distt. Jaisalmer for the offences under Sections 341, 323, 143, 395 of IPC and Section 3(2)(v) of SC/ST act, against the order dated 21.03.2022 passed by the learned Special Judge SC/ST (Prevention of atrocities) Cases, Jaisalmer in Criminal Misc. Bail application No.85/2022 whereby, the bail application preferred on behalf of the appellants under Section 439 Cr.P.C. was rejected.

2. Learned counsel for the appellants submits that similarly situated co-accused Swaroopram has already been granted bail by coordinate Bench of this Court and the case of the present appellants is not distinguishable from that of the co-accused. The appellants are in judicial custody and trial of the case will take a sufficient long time. In these circumstances, the appellants may be released on bail.

3. Learned Public Prosecutor has opposed the prayer for bail.

4. Having regard to the entirety of facts and circumstances of the case 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 appellants, cannot be sustained and deserves to be set aside.

5. Consequently, the instant appeals are allowed. The impugned order dated 21.03.2022 passed by the learned Special Judge SC/ST (Prevention of atrocities) Cases, Jaisalmer is set aside. It is ordered that the accused appellants (1) Kishore Kumar S/o Mohan Ram and (2) Deep Singh @ Banne Singh S/o Sukh Singh @ Sukha Ram shall be released on bail in FIR No.78/2022, Police Station Jaisalmer Kotwali, Distt. Jaisalmer provided each of them 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.

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