The principle of parity requires that if co-accused are granted bail, similar treatment should be extended to the appellant unless distinguishable circumstances exist.

Order :

1. 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.120/2024, registered at Police Station Anandpur Kallu, District Beawar, for the offences under Sections 115(2), 126(2), 140(3) and 109(1) of BNS; and Sections 3(1)(r)(s) and 3(2)(v) of the SC and ST (Prevention of Atrocities) Act against the order dated 21.01.2025 passed by the learned Special Judge Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act Cases, Pali whereby, the bail application preferred under Section 483 BNSS. on behalf of the appellant was rejected.

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

3. Leaned counsel for the appellant submitted that the co-accused- Mahendra (S.B. Criminal Appeal (Sb) No.1893/2024) and Mag Singh @ Mangu Singh (S.B. Criminal Appeal (Sb) No.101/2025) have already been enlarged on bail by this Court vide orders dated 17.01.2025 and 28.01.2025 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.

4. Lastly, learned counsel submitted that the appellant is in custody 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.

5. 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 this Court.

6. 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.

7. Consequently, the instant appeal is allowed. The impugned order dated 21.01.2025 passed by the learned Special Judge Act Cases, Pali is set aside. It is ordered that the accused- appellant Raghuveer Singh S/o Shri Bhagwan Singh arrested in connection with F.I.R. No.120/2024, registered at Police Station Anandpur Kallu, District Beawar 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.

8. 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.