High CourtsSingle Bench

Badru And Ors vs State Of Rajasthan

Rajasthan High Court · Decided on 21 September 2020 · Citation: (2020) 09 RAJ CK 0178

HON’BLE JUDGES
Dinesh Mehta, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 439 · Indian Penal Code, 1860 — Section 395
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Bail Application No. 9971 Of 2020
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Judgment

6 paragraphs · 267 words

This application for bail has been filed by the petitioners under Section 439 of the Cr.P.C. in connection with FIR No.24/2019 Police Station Parbatsar, District Nagaur for the offence under Section 395 IPC.

Heard learned counsel for the petitioners and learned Public Prosecutor and also perused the material available on record.

Learned counsel for the petitioner submits that the co- accused Ramesh @ Shanker, Rodu Banjara, Parsi @ Aisi, Raju S/o Privhti and Raju S/o Madan have been enlarged on bail by this Court vide order 01.03.2019 in S.B. Misc. Bail Application No.2517/2019, against whom common/identical allegations had been leveled and the petitioner has been ropped in only on the basis of statement of co-accused.

Learned Public Prosecutor vehemently opposed the bail application.

Having regard to the facts and circumstances of the case, considering the fact that the co-accused aforesaid have been enlarged on bail, without expressing any opinion on the merits/demerits of the case, this Court is of the opinion that the bail application filed by the petitioners deserves to be accepted.

Consequently, the bail application filed under Section 439 Cr.P.C. is allowed. It is ordered that petitioners (1) Badru S/o Naru and (2) Gapti @ Gopi S/o Naru, arrested in connection with FIR No.24/2019 Police Station Parbatsar, District Nagaur, shall be released on bail; provided each of them executes a personal bond in the sum of Rs. 50,000/- and two sureties 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.