The court has the discretion to grant bail after considering the facts and circumstances of the case, and the order rejecting the bail application can be set aside if found unsustainable.

JUDGMENT

Manoj Kumar Garg, J. - The instant appeal has been filed under Section 14-a(2) SC/ ST (Prevention of atrocities) amended act on behalf of the appellant, who is in custody in connection with FIR No.134/2020, Police Station Bhadrajun, District Jalore for the offences under Sections 354 and 376(1) of the IPC and under Section 3(2)(W)(I) (2) of S.C./S.T. act against the order dated 27.04.2022 passed by the learned Special Judge SC/ST (Prevention of atrocities) act Cases, Jalore, whereby, the bail application preferred under Section 439 Cr.P.C. on behalf of the appellant was rejected.

2. Counsel for the appellant submits that the accused-appellant has jumped the bail on 21.04.2022 and surrendered on 26.04.2022. He submits that one more opportunity may be granted to the accused-appellant and in future he will attend each and every date of hearing before the trial court and the trial of the case will take sufficient long time to be concluded. Therefore, the benefit of bail should be granted to the accused-appellant. The learned court below has grossly erred in law and facts as well as well in declining to release the appellant on bail.

3. Learned Public Prosecutor has opposed the prayer for bail. Heard learned counsel for the appellant and learned public prosecutor and also perused the material available on record. 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 order rejecting the application for bail filed on behalf of the appellant, cannot be sustained and deserves to be set aside.

4. Consequently, the instant appeal is allowed. The impugned order dated 27.04.2022 passed by the learned Special Judge SC/ST (Prevention of atrocities) act Cases, Jalore is set aside. It is ordered that the accused-appellant namely, Dargaram S/o Sh. Ratna Ram, arrested in connection with FIR No.134/2020, Police Station Bhadrajun, District Jalore, shall be released on bail; provided he furnishes personal bond of Rs. 2,00,000/- and two surety bonds of Rs. 1,00,000/- 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.

5. The accused-appellant shall give an undertaking that he will attend each and every date of hearing before the trial Court.