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.

JUDGMENT

Madan Gopal Vyas, J. - The instant appeal has been filed under Section 14-A(2) of SC/ ST (Prevention of Atrocities) Act, on behalf of the appellant, who is in custody in connection with FIR No.41/2021, Police Station Dabok, District Udaipur, for the offences under Sections 147, 148, 365, 302 IPC and Sections 3(2)(v)(va) of SC/ST Act against the order dated 30.08.2022 passed by the learned Special Judge, Scheduled Caste / Scheduled Tribe (Prevention of Atrocities) Cases, Udaipur whereby, the bail application preferred under Section 439 Cr.P.C. on behalf of the appellant was rejected.

Heard learned counsel for the appellant and learned Public Prosecutor.

2. Learned Public Prosecutor stated that service upon respondent No.2 has been completed, despite service, no one appears on behalf of respondent No.2-complainant.

3. Learned counsel for the appellant submits that appellant has been falsely implicated in this case. It is further submitted that eye-witnesses, viz., Veniram, Ganeshlal and Sukhlal @ Chhoga have not supported the story of prosecution and have turned hostile. It is also submitted that another witnesses, viz, Mangilal, Bhura @ Bhuri Lal, Babaru have also turned hostile. It is further submitted that similarly situated co-accused viz, Ganpat Singh, Lal Singh and Mahipal Singh have already been enlarged on bail by co-ordinate Bench of this Court vide order dated 13.12.2021 and 11.06.2021 respectively and the case of the present appellant is similar to those of the co-accused. The accused-appellant is in judicial custody since long and the trial of the case will take sufficient long time to be concluded. Learned counsel further submits that the learned Court below has grossly erred in law and facts as well as in declining to release the appellant on bail. Therefore, it is prayed that the benefit of bail should be granted to the accused-appellant.

4. Learned counsel appearing for learned Public Prosecutor has vehemently opposed the prayer for bail.

5. 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.

6. Consequently, the instant appeal is allowed. The impugned order dated 30.08.2022 passed by the learned Special Judge, Scheduled Caste/Scheduled Tribe (Prevention of Atrocities) Cases, Udaipur is set aside. It is ordered that the accused-appellant Nahar Singh S/o Madhu Singh, arrested in connection with FIR No.41/2021, Police Station Dabok, District Udaipur, 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.