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

Headnote:
Bail - SC/ST (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 14-a of SC/ST (Prevention of atrocities) act against the rejection of his bail application by the Special Judge, SC/ST (Prevention of atrocities Cases), Chittorgarh.
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, setting aside the impugned order and granting bail to the accused-appellant.
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 granted bail based on the bail granted to similarly situated co-accused.
Ratio Decidendi: The court considered the entirety of facts and circumstances available on record and the arguments advanced at the bar, and concluded that the order rejecting the bail application cannot be sustained.
Final Decision: The instant appeal was allowed, the impugned order was set aside, and the accused-appellant was ordered to be released on bail upon furnishing the specified bonds to the satisfaction of the trial Court.

JUDGMENT

Manoj Kumar Garg, J. - The instant appeal has been filed under Section 14-a of SC/ST (Prevention of atrocities) act, on behalf of the appellant, who is in custody in connection with F.I.R. No.121/2021, Police Station Begun, District Chittorgarh, for the offences under Sections 147, 148, 341, 342, 323, 327, 307, 302, 384 I.P.C. and Sections 3(2)(V) of SC/ST (Prevention of atrocities) act against the order dated 18.12.2021 passed by the learned Special Judge, SC/ST (Prevention of atrocities Cases), Chittorgarh 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 similarly situated co-accused Yogesh Kumar S/o Ladu Ram (CRLaS No.146/2022), Bheru Lal, Lilashankar, Babu Lal Dhakar, Sunil, Bablu Kumar, Deepak Kumar Rathore & Dinesh Chandra have already been granted bail by this Court and the case of present petitioner is not distinguishable from those of the co-accused. The accused-appellant is in judicial custody 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 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.

4. 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.

5. Consequently, the instant appeal is allowed. The impugned order dated 18.12.2021 passed by the learned Special Judge, SC/ST (Prevention of atrocities Cases), Chittorgarh is set aside. It is ordered that the accused-appellant Ladunath S/o Ghisa Nath arrested in connection with F.I.R. No.121/2021, Police Station Begun, District Chittorgarh shall be released on bail; 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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