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Judgment
Heard the learned counsel for the appellant and the learned Public Prosecutor. Perused the material available on record.
The instant appeal has been filed under Section 14A (2) of SC/ST (PA) Act on behalf of the appellant, who is in custody in connection with FIR
No.369/2020, Police Station Sadar Chittorgarh, District Chittorgarh for the offences under Sections 201, 120B IPC and Sections 3(1)(R)(S), 3(2)(v) of
SC/ST (Prevention of Atrocity) Act against the order dated 31.03.2021 passed by the learned Special Judge, SC/ST (Prevention of Atrocities) Act
Cases, Chittorgarh whereby the bail application preferred under Section 439 Cr.P.C. on behalf of the appellant was rejected.
Counsel for the appellants submits that similarly situated co-accused namely Bhura @ Devraj Gurjar has already been enlarged on bail and the case of
the present appellant is similar to that of the co-accused. The appellant is in judicial lock-up. The learned court below has grossly erred in law and
facts as well in declining to release the appellant on bail. Hence, the benefit of bail should be granted to the appellant.
Learned Public Prosecutor has vehemently opposed the prayer for bail.
Having regard to the entirety of facts and circumstances as available on record 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 31.03.2021 passed by the Special Judge, SC/ST (Prevention of Atrocities) Act
Cases, Chittorgarh is set aside. It is ordered that the accused-appellant Ravi S/o Shri Ramesh Chandra Bhoe arrested in connection with FIR
No.369/2020, Police Station Sadar Chittorgarh, District Chittorgarh shall be released on bail; 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.