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Judgment
This appeal, under Section 14A (2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short, 'Act of 1989'), is preferred by appellants to assail impugned orders dated 23.9.2020, passed by Addl. Session Judge No. 5, Jodhpur Metro rejecting their bail application.
It is submitted by learned counsel for the appellants that co accused in this case have already been granted bail by coordinate bench of this Court namely Dinesh, Sunil and Hemaram on 11.9.2020 and the present appellants are also not named in the FIR, therefore, the appeal deserved to be allowed.
Learned Public Prosecutor has opposed the appeal and submits that looking to the gravity and magnitude of offences attributed to the appellants, no interference with the impugned order is warranted.
I have heard learned counsel for the parties and perused the material available on record.
Having regard to the entirety of facts and circumstance as available on record and upon a consideration of the arguments advanced, this court is of the opinion that the appeal of the appellants deserves to be allowed.
Accordingly, the instant appeal is allowed and the impugned order passed by learned trial Court dated 23.9.2020 is set aside. As a consequence of setting aside of the impugned order, the bail application of the appellants is allowed and it is ordered that accused-appellant, (1) Chelendra S/o Sh. Biram Ram (2) Kailash Ram S/o Paras Ram arrested in connection with F.I.R. No.127/2020 Police Station Kadwad, District Jodhpur may be released on bail; provided each of them furnishes a personal bond of Rs.50,000/- with 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.