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Judgment
Heard learned counsel for the appellant and learned Public Prosecutor. Perused the order under challenge.
This appeal has been preferred on behalf of the appellant Manju Devi under Section 14A(2) of the SC/ST (Prevention of Atrocities) Amendment Act 2015 being aggrieved of the order dated 3.4.2017 passed by learned Special Judge, SC/ST (Prevention of Atrocity) Cases, Merta, District Nagaur in Cr.Misc.
Case No.166/2017 rejecting the bail application preferred on behalf of the appellant who is in custody in connection with FIR No.83/2016, Police Station Maroth, District Nagaur, for the offences under Section 143, 341, 323, 342, 365, 384 and 427 IPC and Section 3(1)(E) of SC/ST (Prevention of Atrocities) Act.
The appeals preferred by the co-accused Raju Ram Kirdoliya (Appeal No.479/2017) Rajendra @ Raju (Appeal No.252/2017) and Chhiganlal (Appeal No.128/2017) have been accepted and those co-accused have been ordered to be enlarged on bail. The case of the present appellant is, in no manner, distinguishable.
Thus, having regard to the facts and circumstances available on record but without expressing any opinion on the merits of the case, this Court is of the opinion that the appellant is entitled to be released on bail.
Consequently, the appeal is allowed. The order dated 3.4.2017 is set aside. It is ordered that the accused-appellant Manju Devi arrested in connection with FIR No.83/2016, Police Station Maroth, District Nagaur shall be released on bail during pendency of the trial; provided she 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.