Mobin @ Bobin vs State Of Rajasthan

The instant appeal has been filed under Section 14A(2) of the S.C./S.T. (Prevention of Atrocities) Act on behalf of the appellant, who is in custody in connection with F.I.R. No. 347/2019, Police Station Savina, District Udaipur for the offences under Sections 143, 307 & 376(D) of I.P.C. and Section 3(2)(v) of S.C./S.T. (Prevention of Atrocities) Act against the Order dated 02.01.2020 passed by the Special Judge, S.C./S.T. (Prevention of Atrocities) Act Cases, Udaipur whereby the bail application preferred under Section 439 of Cr.P.C. on behalf of the appellant was rejected.

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

Learned counsel for the appellant submits that the co-accused, namely, Naasir @ Naresh @ Nasir has already been released on bail by this Court vide Order dated 10.01.2020. He further submits that the allegations levelled against the present appellant are identical to one, which have been levelled against the co-accused Naasir @ Naresh @ Nasir and thus, the case of the appellant is not distinguishable from the co-accused, who has been enlarged on bail. He, therefore, prays that the appellant may also be released on bail.

Learned Public Prosecutor supported by learned counsel for the complainant oppose the bail application but they are unable to distinguish the case of the present appellant vis-a-vis the case of the co-accused person who has been enlarged on bail.

Having regard to the facts and circumstances of the case and upon a consideration of the arguments advanced and considering the fact that the case of the present appellant is identical to co-accused aforesaid who has been enlarged on bail by this Court, this Court is of the opinion that the appellant is also entitled for the grant of bail.

Consequently, the instant appeal is allowed. The impugned Order dated 02.01.2020 passed by the Special Judge, S.C./S.T. (Prevention of Atrocities) Act Cases, Udaipur is set aside. It is ordered that the accused-appellant - Mobin @ Bobin S/o Rafiq Khan @ Mohammad Rafiq Pathan arrested in connection with F.I.R. No. 347/2019, Police Station Savina, District Udaipur shall be released on bail provided he furnishes a personal bond of Rs. 50,000/- (Rupees: Fifty Thousand Only) and two sureties of Rs. 25,000/-(Rupees: Twenty Five Thousand Only) 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.