The principle of parity in bail decisions among co-accused under the SC/ST (Prevention of Atrocities) Act is crucial, ensuring that similar cases are treated consistently unless justifiable differences exist.

Headnote:
BAIL - SC/ST (Prevention of Atrocities) Act - The court allowed the appeal for bail under Section 14-A (2) of the SC/ST Act, emphasizing the principle of parity in bail decisions among co-accused and the need for personal bonds, thereby setting aside the previous order denying bail.
Fact of the Case:

The criminal appeal was filed under Section 14-A (2) of the SC/ST (Prevention of Atrocities) Act concerning FIR No.58/2021 for various IPC offenses and SC/ST Act violations. The appellant sought bail, arguing that co-accused had been granted bail under similar circumstances.
Finding of the Court:

The court considered the overall circumstances and allegations, ultimately deciding to allow the appeal for bail, indicating that the appellant's case was not distinguishable from that of the co-accused who were granted bail.
Issues: Whether the appellant is entitled to bail under the SC/ST (Prevention of Atrocities) Act given the circumstances of the case and the treatment of co-accused.
Ratio Decidendi: The court highlighted the principle of parity in bail applications, asserting that similar cases should be treated alike unless there are distinguishing factors, which were not present in this case.
Result: The court quashed the previous order denying bail and granted bail to the appellant, subject to the condition of furnishing a personal bond and appearing for all hearings.

JUDGMENT

Sanjeev Prakash Sharma, J. - This criminal appeal under Section 14-A (2) of the SC/ST (Prevention of Atrocities) Act has been filed in connection with FIR No.58/2021 registered at Police Station Sangad, District Jaisalmer for the offence under Sections 341, 323, 354, 447/34 IPC and Sections3(1)(r)(s),3(2)(va) of SC/ST(Prevention of Atrocities) Act.

2. Learned counsel for the appellant submits that co-accused Yogendra and others have been enlarged on bail by this Court and the case of the petitioner can not be distinguished from that of other two co-accused.

3. Learned Public Prosecutor opposed this appeal.

4. Taking into consideration the over all circumstances and the allegations, I am inclined to allow this appeal.

5. The order dated 30.06.2021 passed by the learned Special Judge, SC/ST (Prevention of Atrocities Cases), Jaisalmer in Cr. Case No.278/2021 is quashed and set-aside and this appeal is accordingly allowed and it is directed that accused-appellant namely, Narpat Dan s/o Mohabat Dan shall be released on bail provided he furnishes a personal bond in the sum of Rs.20,000/- with one surety in the like amount to the satisfaction of the learned Trial Court with the stipulation that he shall appear before that Court and any Court to which the matter is transferred, on all subsequent dates of hearing and as & when called upon to do so.

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