The court found that prolonged detention without trial, especially when co-accused have been granted bail, warrants reconsideration of bail rejection, ensuring fairness in judicial treatment.

Order

17/07/2025 It is submitted by the learned Public Prosecutor that in pursuance of the order dated 07.07.2025, the notice has duly been served upon the respondent No.2 and in support of this, he produced the report dated 08.07.2025 sent by the concerned SHO. The same shall be taken on record.

Despite service, none has appeared on behalf of the respondent No.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.180/2024, registered at Police Station Chanderia, District Chittorgarh for the offences under Sections 189(2), 190, 126(2), 127(2), 115(2), 304, 103(1) of the BNS and Section 3(2)(r)(s) and 3(2)(v)(va) of the Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act against the order dated 03.05.2025 passed by the learned Special Judge Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act Cases, Chittorgarh whereby, the bail application preferred under Section 439 Cr.P.C. on behalf of the appellant was rejected.

Heard learned counsel for the appellant, learned counsel for the complainant and the learned Public Prosecutor. Perused the material available on record.

Leaned counsel for the appellant submitted that the applicant has been falsely implicated in the present case and they have nothing to do with this alleged offence. Learned counsel submits that the appellant and other co-accused namely Dilip Singh, Raju Lal and Satyanarayan have already been granted benefit of bail by a Co-ordinate Bench of this Court vide order dated 20.06.2025 passed in S.B. Criminal Appeal Nos.900/2025, 2076/2024 and

123/2025 respectively.

Learned counsel further submits that the charge sheet has already been filed in this matter and the appellant is in custody since long and trial of the case will take sufficiently long time to conclude, therefore, the benefit of bail should be granted to the accused-appellant.

Learned Public Prosecutor has vehemently opposed the prayer for bail and submitted that the petitioner is equally responsible for the offence committed by the other co-accused namely Dilip Singh, Raju Lal and Satyanarayan.

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.

Consequently, the instant appeal is allowed. The impugned order dated 03.05.2025, 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 Kishan Lal S/o Kalu Lal, arrested in connection with F.I.R. No.180/2024, registered at Police Station Chanderia, 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.

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.