The principle of parity in bail applications under the S.C./S.T. (Prevention of Atrocities) Act, which mandates that similarly situated individuals should receive similar treatment in bail decisions.

Headnote:
[BAIL] - [S.C./S.T. (Prevention of Atrocities) Act] - [The court addressed the appeal for bail under Section 14A of the S.C./S.T. (Prevention of Atrocities) Act, 2015, emphasizing the principle of parity in bail decisions. The court noted that the appellant's case was not distinguishable from that of co-accused who had been granted bail, leading to the conclusion that the appellant should also be granted bail.]
Fact of the Case:

The appellant, Divya Devi, filed a criminal appeal under Section 14A of the S.C./S.T. (Prevention of Atrocities) Act, 2015, challenging the rejection of her bail application by the Special Judge. She was in custody for various offences, including those under the IPC and the S.C./S.T. Act.
Finding of the Court:

The court found that the appellant's situation was similar to that of her co-accused, who had been granted bail. The Public Prosecutor could not provide a valid distinction between the cases.
Issues: Whether the appellant is entitled to bail under the S.C./S.T. (Prevention of Atrocities) Act, given the similar circumstances of her co-accused who were granted bail.
Ratio Decidendi: The court applied the principle of parity in bail applications, determining that similar cases should be treated alike unless a valid distinction is made. The absence of such a distinction warranted the granting of bail to the appellant.
Result: The appeal was allowed, the previous order denying bail was set aside, and the appellant was granted bail upon fulfilling certain conditions.

JUDGMENT

Rameshwar Vyas, J. - The notices were issued to the respondent No. 2 on 22.09.2021. As per report of learned Public Prosecutor, the respondent No. 2 has been informed about pendency of present appeal before this Court. But despite service, nobody is present on behalf of the respondent No. 2.

2. The instant criminal appeal has been filed under Section 14A of the S.C./S.T. (Prevention of Atrocities) Act, 2015 on behalf of the appellant, who is in custody in connection with F.I.R. No. 273/2021, Police Station Kotwali, District Pali for the offences under Sections 341, 342, 323, 506, 388 & 392 of I.P.C. and Section 3(2)(v) of S.C./S.T. (Prevention of Atrocities) Act against the Order dated 04.08.2021 passed by the Special Judge, S.C./S.T. (Prevention of Atrocities) Act Cases, Pali whereby the bail application preferred under Section 439 of Cr.P.C. on behalf of the appellant was rejected.

3. Heard learned counsel for the appellant and learned Public Prosecutor. Perused the material available on record.

4. Learned counsel for the appellant submits that the appeals preferred by the similarly situated co-accused viz. Bhawna @ Bharti, Sweeta @ Sheetal and Ramesh Kumar have already been allowed and they have been enlarged on bail by the Coordinate Bench of this Court vide Order dated 06.09.2021. He further submits that the case of the present appellant is not distinguishable from the case of the co-accused, who have been enlarged on bail. He, therefore, prays that the appeal of the appellant may be allowed and she may also be enlarged on bail.

5. Learned Public Prosecutor opposes the appeal but he is not in a position to distinguish the case of the appellant from the co-accused who have already been enlarged on bail.

6. Having regard to the facts and circumstances of the case and upon a consideration of the arguments advanced and the fact that the co-accused have already been released on bail by the Coordinate Bench of this Court, without commenting upon the merits of the case, this Court is of the opinion that the appeal filed by the appellant also deserves to be accepted.

7. Consequently, the instant criminal appeal is allowed. The impugned Order dated 04.08.2021 passed by the Special Judge, S.C./S.T. (Prevention of Atrocities) Act Cases, Pali is set aside. It is ordered that the accused-appellant - Divya Devi W/o Bhanwar Lal arrested in connection with F.I.R. No. 273/2021, Police Station Kotwali, District Pali shall be released on bail provided she 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 trial Court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.

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