Birbal @ Virendra And Ors vs State Of Rajasthan

Both the aforesaid bail applications shall stand decided by this common order as they arise out of the same F.I.R.

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

No. 220/2019, Police Station Pachpadra, District Barmer for the offences under Sections 143, 341, 323, 365, 342, 392, 395, 414 & 411 of I.P.C.

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

Learned counsel for the petitioners submits that the co-accused Ladhu Ram has already been enlarged on bail by this Court vide Order dated

07.01.2020 and the case of the petitioners is not distinguishable from the case of the co-accused who has already been enlarged on bail. Therefore, it

is prayed that the present petitioners may also be enlarged on bail.

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

accused person who has 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 has been enlarged on bail by this Court, this Court is of the opinion that the

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

Consequently, the bail applications under Section 439 of Cr.P.C. are allowed. It is ordered that the accused-petitioners (1) Birbal @ Virendra S/o

Oma Ram and (2) Rakesh S/o Ghewar Ram arrested in connection with F.I.R. No. 220/2019, Police Station Pachpadra, District Barmer shall be

released on bail provided each of them 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.