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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.