Ashok vs State of Rajasthan

The present bail application has been filed under Section 439 of Cr.P.C. on behalf of the petitioner who is in custody in connection with F.I.R. No.

127/2019, Police Station Bhojasar, District Jodhpur Rural for the offences under Sections 147, 148, 149, 341, 323, 307, 395, 397, 398, 427 & 120-B of

I.P.C. and Section 3/25 of the Arms Act.

Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.

Learned counsel for the petitioner submits that the co-accused, namely, Vikram @ Vikcy Bana and Ashok Kumar @ Ashok Jakhar have already

been enlarged on bail by this Court vide Orders dated 29.01.2020 & 14.01.2020, respectively and the case of the present petitioner is not

distinguishable from the case of the co-accused who have been enlarged on bail. He further submits that the charge-sheet in the matter has already

been filed and the conclusion of trial will take sufficient long time. He, therefore, prays that the petitioner may also be enlarged on bail.

Learned Public Prosecutor opposes the bail application but he is unable to distinguish the case of the present petitioner vis-a-vis the case of the co-

accused person who have been enlarged on bail.

Having regard to the facts and circumstances of the case and upon a consideration of the arguments advanced and the fact that the case of the

present petitioner is identical to co-accused aforesaid who have been enlarged on bail by this Court, this Court is of the opinion that the petitioner is

also entitled for grant of bail under Section 439 of Cr.P.C.

Consequently, the present bail application filed under Section 439 of Cr.P.C. is allowed. It is ordered that the accused-petitioner - Ashok S/o Bhajan

Lal arrested in connection with F.I.R. No. 127/2019, Police Station Bhojasar, District Jodhpur Rural shall be released on bail provided he furnishes a

personal bond of Rs.50,000/- (Rupees: Fifty Thousand Only) with 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.