The court has the discretion to allow an appeal under Section 14-A(2) of SC/ ST Act and grant bail to the accused, considering the totality of the facts and circumstances of the case.

Headnote:
SC/ST Act - Bail Application - The court allowed the appeal filed by the accused appellant under Section 14-A(2) of SC/ ST Act, setting aside the order of the trial court and directing the release of the appellant on bail.
Fact of the Case:

The appellant was arrested for various offenses including those under the SC/ST Act. The trial court had dismissed the bail application filed on behalf of the appellant.
Finding of the Court:

The court, without expressing any opinion on the merits of the case, deemed it just and proper to allow the appeal filed by the accused appellant under Section 14-A(2) of SC/ ST Act, setting aside the trial court's order and directing the release of the appellant on bail.
Issues: The main issue was the dismissal of the bail application by the trial court and the appellant's subsequent appeal under Section 14-A(2) of SC/ ST Act.
Ratio Decidendi: The court considered the totality of the facts and circumstances of the case and deemed it just and proper to allow the appeal, without expressing any opinion on the merits of the case.
Final Decision: The criminal appeal filed under Section 14-A(2) of SC/ST Act was allowed, and the order of the trial court was set aside. The appellant was directed to be released on bail upon fulfilling certain conditions.

JUDGMENT

Dr. Nupur Bhati, J. - Learned Public Prosecutor submits that notice has been served upon respondent No.2.

2. This criminal appeal under Section 14A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter to be referred as ’the SC/ST Act’) has been filed on behalf of appellant being aggrieved with the order dated 18.01.2023 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Act Cases, Sri Ganganagar (hereinafter to be referred as ’trial court’) in Criminal Misc. Case No.19/2023, whereby the trial court has dismissed the bail application filed on behalf of the appellant.

4. The appellant has been arrested in connection with FIR No.16/2023 of Police Station, Shadulshahar, District Sri Ganganagar for the offences punishable under Sections 365, 364A, 382, 342, 323 IPC and Sections 3(1)(R)(S), 3(2)(V) of SC/ST Act.

5. Mr. Jagroop Singh, petitioner’s brother, present in person submits that the appellant has falsely been implicated in this case and he is behind the bars.

6. Learned Public Prosecutor submits that the co-accused persons namely Sandeep @ Sonu S/o Kundan Lal and Rakesh Kumar S/o Ramprakash have already been enlarged on bail vide order dated 02.03.2023 by a Co-ordinate Bench of this Court. He also is not in position to dispute the fact that case of the present petitioner and the co-accused is in no manner distinguishable.

7. Heard petitioner’s relative present in person and learned Public Prosecutor and perused the material available on record.

8. This Court, having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, this Court deems it just and proper to allow the appeal filed by the accused appellant under Section 14-A(2) of SC/ ST Act.

9. Accordingly, this criminal appeal filed under Section 14-A(2) of SC/ST Act is allowed and the order dated 18.01.2023 passed by the learned Special Judge, SC/ST Act Cases, Sri Ganganagar in Criminal Misc. Case No.19/2023 is set aside.

10. It is directed that appellant - Manmohan Singh S/o Jaila Singh shall be released on bail in connection with FIR No.16/2023 of Police Station, Shadulshahar, District Sri Ganganagar provided he executes a personal bond in a sum of Rs.50,000/- with two sound and solvent sureties of Rs.25,000/- each to the satisfaction of learned trial court for his appearance 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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