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Judgment
Heard learned counsel for the appellant and learned Public Prosecutor. Perused the material available on record.
The instant appeal has been filed under Section 14A SC/ST
(PA) Act on behalf of the appellant, who is in custody in connection with F.I.R. No.98/2016, Police Station Goverdhan Vilas, Udaipur for the offences under Sections 307, 341, 323 / 34 IPC and Section 3(2)(v) of the SC/ST (PA) Act against the order dated 23.2.2017 passed by the Special Judge, SC/ST (PA) Cases, Udaipur whereby, the bail application preferred under Section 439 Cr.P.C. on behalf of the appellant was rejected.
The injured Madan, in his statement recorded at the trial has not named the present petitioner as an assailant. Similarly situated co-accused Vikram Singh has been enlarged on bail.
In this background and having regard to the entirety of facts and circumstances as available on record and upon a consideration of the arguments advanced at the bar but without expressing opinion on the merits of the case, I am inclined to grant bail to the appellant.
Consequently, the instant appeal is allowed. The impugned order dated 23.2.2017 passed by the Special Judge, SC/ST (PA) Cases, Udaipur is set aside. It is ordered that the accused-appellant, Sanjay @ Sonu Meena arrested in connection with F.I.R.
No.98/2016, Police Station Goverdhan Vilas, Udaipur shall be released on bail; provided he 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.