High CourtsSingle Bench

Bheru Lal Dangi And Ors vs State

Rajasthan High Court · Decided on 16 January 2020 · Citation: (2020) 01 RAJ CK 0020

HON’BLE JUDGES
Vinit Kumar Mathur, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 439 · Indian Penal Code, 1860 — Section 34, 307, 323, 325, 341
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Bail Application No. 558, 559 Of 2020
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Judgment

16 paragraphs · 334 words

The present bail applications have been filed under Section 439 Cr.P.C. on behalf of the petitioners who are in custody in connection with F.I.R.

No.151/2019, Police Station- Bhinder District Udaipur for the offences under Sections 307, 341, 323, 325 read with section 34 of IPC.

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

It is submitted on behalf of the petitioners that the petitioner Bheru Lal Dangi has not been named in the FIR. The counsel further submits that though

the petitioner Heera lal has been named in the FIR but co-accused Punja Ram Dangi and Devi Lal Dangi have already been granted bail by this Court

vide order dated 07.01.2020 and the case of the present petitioners is not distinguishable from the case of the co-accused who have already been

released on bail by this Court.

The learned Public Prosecutor opposes the bail application but he is unable to distinguish the case of the present petitioners vis-a-vis the case of the

co-accused persons 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 considering the fact that the case

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

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

Consequently, the bail applications are allowed. It is ordered that the accused-petitioners Bheru Lal Dangi S/o Kanahaiya Lal Dangi & Heera Lal S/o

Noja arrested in connection with F.I.R. No.151/2019, Police Station- Bhinder District Udaipur, shall be released on bail; provided they furnish 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.