Order

02/08/2024

1. Despite service, no one has appeared on behalf of the respondent No.2 - victim/complainant.

2. Proof of service be taken on record.

3. The jurisdiction of this Court has been invoked by way of filing an appeal under Section 14A(2) of SC/ST (Prevention of Atrocities) Act at the instance of accused-appellant. The requisite details of the matter are tabulated herein below:

4. It is contended on behalf of the accused-appellant that no case for the alleged offences is made out against him and his incarceration is not warranted. There are no factors at play in the case at hand that may work against grant of bail to the accused- appellant and he has been made an accused based on conjectures and surmises.

5. Learned counsel for the appellant further submits that similarly situated co-accused Imrah has already been enlarged on bail by this Court vide order dated 28.05.2024 passed in SBCRLA No.781/2024. He further submits that case of the appellant is not distinguishable with that of co-accused person, who has already been enlarged on bail.

6. Contrary to the submissions of learned counsel for the appellant, learned Public Prosecutor opposes the appeal and submit that the present case is not fit for enlargement of accused on bail. He is not in a position to dispute the fact that the above named co-accused person has already been enlarged on bail by this Court and the case of the appellant is not distinguishable from that of co-accused.

7. I have considered the submissions made by both the parties and have perused the material available on record.

8. It is reflecting that name of the appellant does not find place in the FIR. There is no identification that the appellant had inflicted injury to the victim. Injury report reflecting one stitched inside wound on the abdomen measuring 3 cm. No document is produced on record to show that visceras got injuries.

9. The similarly situated co-accused Imrah has already been enlarged on bail by this Court vide order dated 28.05.2024 passed in SBCRLA No.781/2024, thus, on the ground of parity, to maintain judicial discipline and consistency as well as having regard to the totality of facts and circumstances as available on record and upon a consideration of the arguments advanced, this Court is of the opinion that the appellant deserves to be enlarged on bail.

10. Consequently, the instant appeal is allowed. The impugned order dated 08.07.2024 passed by the learned Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Cases), Jodhpur Metropolitan is set aside. It is ordered that the accused-appellant – Sohel Alias Japati S/o Shri Sikndar Bhati arrested in connection with aforesaid FIR, shall be released on bail, if not wanted in any other case, provided he furnishes a personal bond of Rs. 50,000/- and two sureties 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.

(FARJAND ALI),J Abhishek Kumar S.No.296

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