AI Structured Summary
Not yet generated for this judgment
Judgment
Heard learned counsel for the appellant as well as learned public prosecutor and perused the material available on record. The instant appeal has been
filed under Section 14A (2) Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act on behalf of the appellant, who is in custody in
connection with FIR No.66/2019, Police Station Pratapnagar, Distt. Udaipur for the offences under Sections 420, 406, 467, 468, 471, 120-B IPC and
Section 3(2)(v), 3(2)(va) of SC/ST Prevention of Atrocities) Act, 1989, against the order dated 16.03.2021 passed by the learned Special Judge SC/ST
(Prevention of Atrocities) Cases, Udaipur in Criminal Misc. Case No.73/2021 (CIS No.73/2021) whereby the bail application preferred on behalf of
the appellant under Section 439 Cr.P.C. was rejected.
Learned counsel for the appellant submits that co-accused Sanjay Gurnani has already been granted bail by this Court vide order dt. 05.04.2021
passed in S.B.Criminal Appeal (SB) No.317/2021. Challan of the case has already been presented. No purpose would be served in keeping the
appellant behind the bars for the indefinite period. Therefore, the appellant may be released on bail.
Learned Public Prosecutor has opposed the prayer for bail.
Having regard to the entirety of facts and circumstances of the case and upon a consideration of the arguments advanced at the bar, this Court is of
the 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 16.03.2021 passed by the Special Judge SC/ST (Prevention of Atrocities)
Cases, Udaipur is set aside. It is ordered that the accused appellant Dev Narayan Gurjar S/o Ladu Ram Gurjar shall be released on bail in FIR
No.66/2019, P.S. Pratapnagar, Distt. Udaipur provided he furnishes a personal bond of Rs.1,00,000/- and two surety bonds of Rs.50,000/- 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.