The court established that in bail applications under the SC/ST Act, the individual circumstances of the accused, the status of co-accused, and the progress of the trial are critical factors in determining bail eligibility.

Headnote:
BAIL - SC/ST (Prevention of Atrocities) Act - The court granted bail to the appellant, considering the fact that the co-accused had been granted bail, the chargesheet was filed, and the trial would take time. The court emphasized the need for a balanced approach in granting bail under the SC/ST Act, highlighting the importance of individual circumstances in each case.
Fact of the Case:

The appellant, Ramzan Chhinpa, was in custody since 18.03.2021 for offenses under the IPC and the SC/ST Act. His bail application was rejected by the Special Judge, prompting the appeal under Section 14A of the SC/ST Act.
Finding of the Court:

The court found that the appellant deserved bail due to the lengthy custody, the filing of the chargesheet, and the fact that co-accused had been granted bail. The prosecutrix's statement indicated some level of involvement but did not warrant continued detention.
Issues: Whether the appellant should be granted bail considering the circumstances of the case and the provisions of the SC/ST Act.
Ratio Decidendi: The court held that the grant of bail should consider the individual circumstances of the accused, the nature of the charges, and the status of co-accused who had been granted bail, leading to the conclusion that the appellant was entitled to bail.
Result: The appeal was allowed, the previous order was set aside, and the appellant was granted bail upon furnishing a personal bond and sureties.

JUDGMENT

Devendra Kachhawaha, J. - Learned Public Prosecutor submits that service upon the respondent is complete, despite service, non appears on behalf of the respondent No. 2.

2. The instant appeal has been filed under Section 14A SC/ST (Prevention of Atrocities) Act, 1989 on behalf of the appellant, who is in custody in connection with F.I.R. No. 18/2021 Police Station Shri Balaji, District Merta for the offence under Sections 447, 341, 354, 382, 323/34 of I.P.C. and Section 3(1)(w)(i), 3(2) (v) (va) SC/ST Act against the order dated 30.07.2021 passed by the Special Judge, SC/ST (Prevention of Atrocities Act) Cases, Merta, whereby, the bail application preferred under Section 439 Cr.P.C. on behalf of the appellants was rejected.

3. Heard. Perused the material available on record.

4. It is submitted on behalf of the appellant that the accused appellant is behind the bar since 18.03.2021 and the chargesheet has been filed. Learned counsel further submits that benefit of bail has already been granted to the co-accused Khinya Ram by this Court and Ummedaram by the Sessions Court. The statement of the prosecutrix recorded under Section 164 Cr.P.C. is available at page 77 of the chargesheet . As per statement of the prosecutrix, mobile of the prosecutrix `G? was forcibly taken by the accused appellant and there was a bite mark on the cheek of the prosecutrix given by the accused appellant. The learned counsel prays that the appellant may be enlarged on bail.

5. The learned Public Prosecutor opposes the bail application. Having regard to the facts and circumstances of the case and upon a consideration of the arguments advanced and considering the fact that the co accused have been given benefit of bail; chargesheet has been filed and the trial will take time, this Court is of the opinion that the appellant deserves to be enlarged on bail.

6. Consequently, the instant appeal is allowed. The impugned order dated 30.07.2021 passed by the Special Judge, SC/ST (Prevention of Atrocities Act) Cases, Merta is set aside. It is ordered that the accused-appellant Ramzan Chhinpa S/o Shri Mangu Khan arrested in connection with F.I.R. No. 18/2021, Police Station Shri Balaji District Merta 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.

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