The severity of the alleged offence and the likelihood of a prolonged trial are relevant factors in deciding whether to grant bail.

JUDGMENT

Rameshwar Vyas, J. - as per report produced by the learned Public Prosecutor, Notice has been served upon the complainant-respondent no.2 on 27.1.2022. The report is taken on record.

None has joined on behalf of the complain-respondent no.2 inspite of service.

2. The instant appeal has been filed under Section 14-a of SC/ST (Prevention of atrocities) act on behalf of the appellants, who are in custody in connection with F.I.R. No. 629/2021 registered at Police Station Balotara, Barmer for the offences under Sections 341, 323, 509 IPC and Section 3(1)(r), (s), 3(2) (Va) of the SC/ST (Prevention of atrocities) act against the order dated 28.12.2021 passed by the Special Judge, SC/ST (Prevention of atrocities) act, Balotara, Barmer whereby, the bail application preferred under Section 439 Cr.P.C. on behalf of the appellants was rejected.

3. Learned counsel for the appellants submits that false allegation has been levelled against the appellants for obstructing wedding procession and mounting horse during wedding procession. Exaggerated allegations have been made in the First Information Report, which has been substantiated only to some extent in the statement recorded by the police under Section 161 Cr.P.C. The offence under Section 3(1)(ja)(B) of SC/ST act is punishable with imprisonment of five years and fine. appellants are behind the bars for the last more than one month. The appellants are not required in the investigation. In the above circumstances, learned counsel for the appellants prays that the appeal filed by the appellants deserves to be allowed.

4. On the contrary, learned Public Prosecutor has opposed the appeal. He submits that the appellant is convict of offence under Section 302 IPC also.

5. From the perusal of the record, it reveals that the offence against the present appellants under Indian Penal Code is with regard to Section 341, 323 and 509 IPC. as per provisions of Section 3(2)(va), if any person commits any offence specified in the Schedule against any person or property knowing that such person is a member of scheduled castes or scheduled tribe, or such property belongs to such member, shall be punishable with such punishment as specified in Indian Penal Code for such offence and shall also be liable to fine. Offence under Section 3(1) (r)(s) and (za)(B) of the SC/ST act are punishable with five years of imprisonment and fine. The trial of the case is not likely to be completed in near future.

6. Having regard to the rival contentions of the learned counsel for the parties and after perusal of the material available on record, in the facts and circumstances of the case, more particularly that offence alleged against is punishable with five years of imprisonment, without expressing any opinion on the merits of the case, this Court deems it just and proper to grant the bail to the appellants.

7. Consequently, the instant appeal is allowed. The impugned order dated 28.12.2021 passed by the learned Special Judge, SC/ST (Prevention of atrocities), Balotara, Barmer is set aside. It is ordered that the accused-appellants, (1) Tulsaram S/o Hariram and (2) Smt. Bhanwari Devi W/o Tulsaram arrested in connection with F.I.R. No.629/2021 registered at Police Station Balotara, Barmer shall be released on bail; provided they furnish personal bond of Rs.1,00,000/- each with two sound and solvent sureties 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.