The lack of evidence connecting the appellant with the murder and the impact of the COVID-19 pandemic on the situation of the country and the jails influenced the court's decision to allow the appeal and set aside the order rejecting the bail application.

JUDGMENT

Vinit Kumar Mathur, J. - Lawyers are not physically appearing in the Court in view of the unprecedented situation being faced by the country due to pandemic of novel corona virus (COVID-19).

2. The instant appeal has been filed under Section 14a(2) SC/ST (Prevention of atrocities) act on behalf of the appellant, who is in custody in connection with FIR No. 260/2021, Police Station Bijoliya, District Bhilwara for the offences under Sections 302, 201, 394 I.P.C. and Section 3(2)(V), 3(2)(va) of the SC/ST (Prevention of atrocities) act against the order dated 30.10.2021 passed by the Special Judge, SC/ST (Prevention of atrocities) Cases, Bhilwara, whereby, the bail application preferred under Section 439 Cr.P.C. on behalf of the appellant was rejected.

3. Heard. Perused the material available on record.

4. Learned counsel for the appellant submits that in the present case, there is no evidence to connect the present petitioner with the murder of Ramkishan. He further submits that charge-sheet in the case has been filed. He submits that except the recovery of clothes of petitioner and one ajay Sharma at the instance of the petitioner, there is no evidence on record to show the connectivity of the present petitioner. Thus, the appeal filed by the appellant deserves to be accepted.

5. Learned Public Prosecutor as well as learned counsel for the complainant are unable to point out the fact that the clothes which were recovered at the instance of the petitioner were blood stained or not.

6. Having regard to the peculiar facts and circumstances of the case as also the present situation of the country due to pandemic of corona virus (COVID-19), in particular the jails, this Court is of the opinion that the appeal of the appellant deserves to be allowed.

7. Consequently, the instant appeals is allowed. The impugned orders dated 30.10.2021 passed by the Special Judge, SC/ST (Prevention of atrocities) Cases, Bhilwara is set aside. It is ordered that the accused-appellants Gopal S/o Bheru Lal arrested in connection with FIR No. 260/2021, Police Station Bijoliya, District Bhilwara shall be released on bail; provided he furnishes a personal bond of Rs. 50,000/- (Rupees: Fifty Thousand Only) and two sureties of Rs. 25,000/-(Rupees: Twenty Five Thousand Only) 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.