IMPORTANT POINT
The court granted bail to the appellants, emphasizing the lack of specific allegations against them and the similarity of their case to co-accused who were granted bail.

ORDER :

1. This appeal has been filed under section 14A(1) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 by the appellants in connection with FIR No. 241/2023, Police Station Pur, District Bhilwara for the offences under sections 143, 147, 148, 149, 504, 506, 341, 323, 325 and 307 of the Indian Penal Code (hereinafter referred to as 'IPC') and sections 3(1)(r), 3(1)(s) and 3(2)(va) of SC/ST Act, 1989.

2. Mr. Dhirendra Singh, learned Senior Counsel argued that in the FIR dated 27.10.2023, omnibus allegations were leveled against various persons, including the present appellants and even in the statement of injured persons recorded under section 161 of the Code of Criminal Procedure, no specific role has been assigned to the present appellants.

3. Inviting Court's attention towards the injury report, learned Senior Counsel submitted that the injuries suffered by both of them are lacerated wounds and certain abrasion on legs and hands and according to the injury report, no grievous injury has been inflicted by the appellants on the injured persons.

4. Learned Senior Counsel submitted that though recovery of baseball racket has been shown from the appellants but, firstly no case under section 307 of the IPC is made out and even if it is presumed to be made out, the appellants cannot be held guilty for offence under section 307 of the IPC as no injury on vital part was inflicted by them.

5. It was also submitted that most of the co-accused persons have been enlarged on bail and the case of the present appellants is not different.

6. Both Mr. Bhati, learned Public Prosecutor and Mr. Ramesh Chandra Purohit, learned counsel for the complainant opposed the bail application and submitted that recovery of baseball racket has been made from the appellants and also that their criminal antecedents disentitle them from any indulgence, particularly when the appellants are habitual offender and have posed threat to law and order situation in the district.

7. Heard learned counsel for the parties and perused the material available on record.

8. It is to be noted that co-accused persons Dharamraj @ Dharma, Mithu Lal, Mahaveer, Vinod and Puranlal have been enlarged on bail by this Court vide separate orders dated 15.12.2023, 15.12.2023, 15.12.2023, 20.12.2023 and 10.05.2024 respectively. The role of the appellants is also not distinguishable from above referred accused persons, who have been enlarged on bail.

9. So far as contention of learned Public Prosecutor and Mr. Ramesh Chandra Purohit, learned counsel for the complainant that as many as 6 criminal cases are pending against Bhagwati Lal and 15 cases against Chandra Shekhar @ David @ Ravi are concerned, this Court is of the view that pendency of the cases have a bearing, but ultimately, their case is required to be considered in light of the facts obtaining and their role in the felony.

10. That apart, considering the number of cases, the present appellants were not granted indulgence and the case was adjourned on 27.05.2024, while other co-accused persons were bailed out.

11. Having regard to what has been noted above and considering that charge-sheet has been filed and the trial of the case is likely to take substantial time, the appeal filed by the appellants is allowed.

12. The impugned order dated 29.04.2024 passed by learned Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act Cases, Bhilwara is set aside. It is ordered that the accused - appellant No. 1 - Chandra Shekhar @ David @ Ravi S/o Sitaram and appellant No. 2 - Bhagwati Lal S/o Baldevi arrested in connection with FIR No. 241/2023, Police Station Pur, District Bhilwara shall be released on bail on their furnishing personal bond in the sum of Rs. 50,000/- and two sureties of Rs. 25,000/- each to the satisfaction of the trial Court.

13. Appellants shall be required to appear before that Court on all dates of hearing and as and when called upon to do so.

14. Needless to mention that