JUDGMENT : Mr. Mahendar Kumar Goyal, J. - These criminal appeals under Section 14(A) (2) of the Schedule Castes and Schedule Tribes (Prevention of Atrocities) Act, 1989 (Amendment Act, 2015) (for brevity, "the Act of 1989") have been filed in connection with FIR No.287/2019 registered at Police Station Banipark, District Jaipur (West) for the offence under Sections 409, 389, 420, 467, 468, 471, 120, 120B and 109 of IPC and Section 3(2) (v) of the Act of 1989 and later on for the offence under Sections 420, 409 and 120B IPC and Section 3(2) (v) of the Act of 1989 against the accused-appellant Laxminarayan and in connection with FIR No.283/2019 registered at Police Station Banipark, District Jaipur (West) for the offence under Sections 420, 406, 467, 468, 471, 120B and 109 of IPC and Section 3(2) (v) of the Act of 1989 and later on for the offence under Sections 420, 406, 409 and 120B IPC and Section 3(2) (v) of the Act of 1989 against the accused-appellant Vikas Sharma. 2. Learned counsels for the appellants submits that in relation to the same incident, previously an FIR No.17/2019 dated 02.07.2019 came to be registered wherein, after their arrest, they were extended benefit of bail. However, for the same incident, the instant FIR has been lodged which amounts to abuse of process of law. They further submit that similarly situated co-accused namely Ram Lakhan Disaniya and Neha Jain have already been extended benefit of pre-arrest bail by this Court vide order dated 13.12.2023. They, therefore, pray for benefit of pre-arrest bail. 3. Although, learned Public Prosecutor assisted by learned counsel for the complainant opposed the prayer; but, could not dispute that taking into consideration similar contentions, co-accused persons namely Ram Lakhan Disaniya and Neha Jain have already been extended benefit of pre-arrest bail by this Court vide order dated 13.12.2023. 4. In view thereof, it would be just and expedient to order the release of the appellants on bail. The orders dated 26.02.2024 and 24.01.2024 passed by the learned Special Judge, SC/ST (Prevention of Atrocities) Cases Additional Session Judge No.2, Jaipur Metropolitan-II, Jaipur are quashed and set-aside and these appeals are accordingly allowed.
4. In view thereof, it would be just and expedient to order the release of the appellants on bail. The orders dated 26.02.2024 and 24.01.2024 passed by the learned Special Judge, SC/ST (Prevention of Atrocities) Cases Additional Session Judge No.2, Jaipur Metropolitan-II, Jaipur are quashed and set-aside and these appeals are accordingly allowed. It is directed that accused appellants (1) Laxminarayan S/o Shri. Ramchandra Kumawat and (2) Vikas Sharma S/o Late Shri. Gopal Lal Sharma shall be released on bail provided each of them furnishes a personal bond in the sum of Rs. 1,00,000/- (Rupees One Lac Only) together with two sureties in the sum of Rs. 50,000/- (Rupees Fifty Thousand Only) each to the satisfaction of the learned Trial Court with the stipulation that they shall appear before that Court and any Court to which the matter is transferred on all subsequent dates of hearing and as and when called upon to do so.