The court established that an accused should be granted bail when co-accused in similar circumstances have been released, emphasizing the principle of parity in bail applications.

Order :

1. Service of notice upon the respondent No.2 is complete.

2. The instant appeal has been filed under Section 14A SC/ST (Prevention of Atrocities) Act on behalf of the appellant, who is in custody in connection with F.I.R. No.171/2024, registered at Police Station Gangrar, District Chittorgarh, for the offences under Sections 147, 427, 436, 448/149 of IPC; and Sections 3(1)(r)(s), 3(2)(va) and 3(2)(v) of the SC and ST (Prevention of Atrocities) Act against the order dated 21.11.2024 passed by the learned Special Judge Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act Cases, Chittorgarh whereby, the bail application preferred under Section 483 BNSS on behalf of the appellant was rejected.

3. Heard learned counsel for the parties at Bar and perused the material available on record.

4. Learned counsel for the appellant submitted that the co-accused persons namely Rahul (S.B. Criminal Appeal (Sb) No.1318/2024), Roshan Lal (S.B. Criminal Appeal (Sb) No.1319/2024), Rakesh Giri @ Devendra Giri (S.B. Criminal Appeal (Sb) No.1492/2024), Govind Lal (S.B. Criminal Appeal (Sb) No.1493/2024), Prakash Suthar (S.B. Criminal Appeal (Sb) No.1494/2024); Ratan Lal, Goverdhan, Raju Lal, Nathu Lal, Hamendra Singh (S.B. Criminal Appeal (Sb) No.1119/2024); Prakash Chandra (S.B. Criminal Misc. Bail Application No.12296/2024); and Kanhaiya Lal and Chhotu Lal (S.B. Criminal Appeal (Sb) No.969/2024); have already been enlarged on bail by the co-ordinate Benches of this Court vide orders dated 18.12.2024, 20.08.2024, 22.10.2024 and 12.08.2024 respectively. Learned counsel submitted that the case of the present appellant is not at all distinguishable from that of the above named co-accused persons who have already been enlarged on bail.

5. Lastly, learned counsel submitted that the appellant is in custody; the challan against him has already been filed before the competent criminal Court and trial of the case will take sufficiently long time to be concluded, therefore, the benefit of bail may be granted to the accused-appellant.

6. Per contra, learned Public Prosecutor has opposed the prayer for bail. However, he was not in a position to refute the fact that the above named co-accused persons with whom the appellant is claiming parity have already been enlarged on bail by the co-ordinate Benches of this Court.

7. Having regard to the facts and circumstances as available on record in entirety and upon a careful consideration of the arguments advanced at Bar, this Court is of the prima facie opinion that the order rejecting the application for bail filed on behalf of the appellant, cannot be sustained and deserves to be set aside.

8. Consequently, the instant appeal is allowed. The impugned order dated 21.11.2024 passed by the learned Special Judge Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act Cases, Chittorgarh is set aside. It is ordered that the accused- appellant Vishal Jat S/o Bhopal Jat arrested in connection with F.I.R. No.171/2024, registered at Police Station Gangrar, District Chittorgarh shall be released on bail; provided he furnishes a personal bond of Rs. 50,000/- and two surety bonds of Rs. 25,000/- 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.

9. It is however, made clear that findings recorded/observations made above are for limited purposes of adjudication of bail application. The trial court shall not get prejudiced by the same.