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

Headnote:
Bail - Scheduled Castes and the Scheduled Tribes (Prevention of atrocities) act - The court set aside the order rejecting the bail application and granted bail to the accused-appellant.
Fact of the Case:

The appellant filed an appeal under Section 14a(2) of Scheduled Castes and the Scheduled Tribes (Prevention of atrocities) act against the rejection of his bail application in connection with FIR No.61/2022 Police Station Luni, Jodhpur for various offenses.
Finding of the Court:

The court, after considering the arguments, found that the order rejecting the bail application cannot be sustained and granted bail to the accused-appellant.
Issues: The main issue was the rejection of the bail application filed on behalf of the appellant.
Ratio Decidendi: The court considered the entirety of facts and circumstances of the case and concluded that the order rejecting the bail application cannot be sustained.
Final Decision: The instant appeal was allowed, and the impugned order 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. Perused the material available on record.

2. The instant appeal has been filed under Section 14a(2) of Scheduled Castes and the Scheduled Tribes (Prevention of atrocities) act on behalf of the appellant, who is in custody in connection with FIR No.61/2022 Police Station Luni, Jodhpur for the offences under Sections 323, 341, 427, 458 of IPC and under Sections 3(1)(r)(s) and 3(2)(v)(va) of SC/ST act, against the order dated 29.03.2022 passed by Learned Special Judge (SC/ST), Jodhpur Metro, in Criminal Misc. Case No.79/2022 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 the appellant has not committed the offences as alleged against him and he is innocent. The appellant is in judicial custody and the trial of the case will take sufficient long time. Therefore, the benefit of bail may be granted to the accused-appellant.

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

5. Consequently, the instant appeal is allowed. The impugned order dated 29.03.2022 passed by the learned Special Judge SC/ST Cases, Jodhpur Metro is set aside. It is ordered that the accused appellant Ram Singh S/o Mag Singh, shall be released on bail in FIR No. 61/2022 Police Station Luni, Jodhpur 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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