The court has the discretion to set aside the rejection of a bail application if it deems that the circumstances warrant the release of the accused on bail.

Headnote:
Bail - Scheduled Castes and the Scheduled Tribes (Prevention of atrocities) act - The court set aside the order rejecting the bail application and allowed the appeal, ordering the release of the accused on bail.
Fact of the Case:

The appellant filed an appeal under Section 14a (2) Scheduled Castes and the Scheduled Tribes (Prevention of atrocities) act, seeking bail in connection with FIR No.656/2021 for various offenses.
Finding of the Court:

The court found that the order rejecting the bail application cannot be sustained and deserves to be set aside, and consequently allowed the appeal, ordering the release of the accused on bail.
Issues: The main issue was the rejection of the bail application filed on behalf of the appellant and the argument that the appellant should be released on bail based on the circumstances and the bail granted to co-accused.
Ratio Decidendi: The court considered the entirety of facts and circumstances of the case and the arguments advanced at the bar, leading to the conclusion that the order rejecting the bail application cannot be sustained.
Final Decision: The instant appeal was allowed, and the impugned order rejecting the bail application was set aside. The accused appellant was ordered to be released on bail upon fulfilling certain conditions.

JUDGMENT

Manoj Kumar Garg, J. - Heard learned counsel for the appellant as well as learned learned public prosecutor and perused the material available on record.

2. The instant appeal has been filed under Section 14a (2) Scheduled Castes and the Scheduled Tribes (Prevention of atrocities) act on behalf of the appellant, who is in custody in connection with FIR No.656/2021, P.S. Nimbahera, Distt. Chittorgarh for the offences under Sections 147, 323, 341, 308, 327, 386, 120-B of IPC and Section 3(2)(Va) of SC/ST act, against the order dated 04.04.2022 passed by the learned Special Judge SC/ST (Prevention of atrocities) Cases, Chittorgarh in Criminal Misc. Bail application No.46/2022 whereby, the bail application preferred on behalf of the appellant under Section 439 Cr.P.C. was rejected.

3. Learned counsel for the appellant submits that similarly situated co-accused Sarfraj @ Murad, Danish, Salman and Tohid have already been granted bail by coordinate Bench of this Court and the case of the present appellant is not distinguishable from those of the co-accused. The appellant is in judicial custody and trial of the case will take a sufficient long time. In these circumstances, the appellant may be released on bail.

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

5. 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 appellant, cannot be sustained and deserves to be set aside.

6. Consequently, the instant appeal is allowed. The impugned order dated 04.04.2022 passed by the learned Special Judge SC/ST (Prevention of atrocities) Cases, Chittorgarh is set aside. It is ordered that the accused appellant Mohammad Shafik Khan @ Bhola @ Saddam S/o Rais Khan shall be released on bail in FIR No.656/2021, Police Station Nimbahera, Distt. Chittorgarh 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.

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