High CourtsSingle Bench

Ashok vs State Of Rajasthan

Rajasthan High Court · Decided on 6 January 2023 · Citation: (2023) 01 RAJ CK 0037

HON’BLE JUDGES
Manoj Kumar Garg, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 439 · Indian Penal Code, 1860 — Section 120B, 147, 148, 149, 307, 323, 325, 341, 395, 395 · Arms Act, 1959 — Section 5, 27
RESULT
Allowed
CASE NUMBER
S.B. Criminal Miscellaneous Bail Application No. 130 Of 2023
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Judgment

6 paragraphs · 270 words

Manoj Kumar Garg, J

The instant bail application has been filed by the petitioner under Section 439 Cr.P.C. seeking regular bail in connection with the FIR No. 441/2022 registered at Police Station Phalodi, District Jodhpur for the offences punishable under Sections 147, 148, 323, 325, 341, 307, 395, 397/120-B, 149 of IPC and Section 5/27 of Arms Act.

Counsel for the petitioner submits that similarly situated co-accused Opa Ram @ Opi Babal has already been enlarged on bail by the co-ordinate Bench of this Court and the case of the present petitioner is similar to that of the co-accused. The accused-petitioner is in judicial custody and the trial of the case will take sufficient long time to be concluded. Therefore, the benefit of bail should be granted to the accused-petitioner.

Learned Public Prosecutor has vehemently opposed the bail application.

Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C.

Accordingly, the bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner Ashok S/o Tikam Ram shall be released on bail in connection with FIR No. 441/2022 registered at Police Station Phalodi, District Jodhpur provided he executes a personal bond in a sum of Rs.1,00,000/-with two sound and solvent sureties of Rs.50,000/- each to the satisfaction of learned trial court for his appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.