The consideration of the co-accused's bail, charge-sheet filing, and trial duration influenced the court's decision in granting bail to the accused-appellant.

Headnote:
Bail - SC/ST (Prevention of atrocities) act - The court allowed the appeal and set aside the order rejecting the bail application, granting bail to the accused-appellant based on the consideration that the co-accused had already been granted bail, charge-sheet had been filed, and the trial would take a sufficiently long time.
Fact of the Case:

The appellant filed an appeal under Section 14 a (2) SC/ST (Prevention of atrocities) act against the rejection of his bail application in connection with F.I.R. No.306/2019, Police Station Bhirani, District Hanumangarh, for offences under Sections 420, 467, 468, 471, 120-B of the Indian Penal Code read with Section 3 (2) (Va), 3 (1) (V) of the SC/ST (Prevention of atrocities) act.
Finding of the Court:

The court, upon considering the arguments and the fact that the co-accused had already been granted bail, charge-sheet had been filed, and the trial would take a sufficiently long time, allowed the appeal and set aside the order rejecting the bail application, granting bail to the accused-appellant.
Issues: The main issue was the rejection of the bail application under the SC/ST (Prevention of atrocities) act for the offences mentioned in the F.I.R.
Ratio Decidendi: The court's decision was influenced by the fact that the co-accused had already been granted bail, charge-sheet had been filed, and the trial would take a sufficiently long time, leading to the conclusion that the appellant deserved to be enlarged on bail.
Final Decision: The instant appeal was allowed, and the impugned order rejecting the bail application was set aside, ordering the release of the accused-appellant on bail.

JUDGMENT

Devendra Kachhawaha, J. - The instant appeal has been filed under Section 14 a (2) SC/ST (Prevention of atrocities) act on behalf of the appellant, who is in judicial custody in connection with F.I.R. No.306/2019, Police Station Bhirani, District Hanumangarh, registered for the offences under Sections 420, 467, 468, 471, 120-B of the Indian Penal Code read with Section 3 (2) (Va), 3 (1) (V) of the SC/ST (Prevention of atrocities) act against the order dated 08.03.2022 passed by the Special Judge, SC/ST (Prevention of atrocities) act Cases, Hanumangarh, whereby, the bail application preferred under Section 439 Cr.P.C. on behalf of the appellant was rejected.

2. as per the orders dated 15.03.2022 and 23.03.2022 notice has been issued to the complainant. as per papers produced before the Court; complainant is in judicial custody in District Dadri, State Harayana.

3. Learned Public Prosecutor stated that service upon respondent No.2 is complete. Despite service, nobody appears on behalf of the respondent No.2.

4. Heard learned counsel for the appellant as well as learned Public Prosecutor. Perused the material available on record.

5. Learned counsel for the appellant stated that except the offences punishable under Section 3 (2) (Va), 3 (1) (V) of the SC/ST (Prevention of atrocities) act remaining offences are triable by Magistrate; undisputedly, property was sold to the complainant by co-accused Narayan @ Nanu, who has already been granted benefit of bail by a co-ordinate bench of this Court vide order dated 01.10.2020; charge-sheet has been filed; and the trial will take time. With these submissions, learned counsel for the appellant prays that the appeal may be allowed.

6. Learned Public Prosecutor has opposed the appeal but does not controvert the arguments advanced by learned counsel for the appellant.

7. Thus, having regard to the entirety of facts and circumstances as available on record and upon a consideration of the arguments advanced and particularly looking to the fact that co-accused Narayan @ Nanu has already been granted bail; charge-sheet has been filed; and trial will take sufficiently long time, therefore, this Court is of the opinion that the appellant deserves to be enlarged on bail.

8. Consequently, the instant appeal is allowed. The impugned order dated 08.03.2022 passed by the Special Judge, SC/ST (Prevention of atrocities) act Cases, Hanumangarh, is set aside. It is ordered that the accused-appellant, Ram Singh S/o Shri Tulchhi Ram @ Tulsi Ram @ Tulchha Ram, arrested in connection with F.I.R. No.306/2019, Police Station Bhirani, District Hanumangarh, shall be released on bail provided he furnishes a personal bond of Rs.50,000/- along with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Court with the stipulation to appear before that Court on each and every date of hearing and whenever called upon to do so till the completion of the trial.

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