Fateh Singh vs State

The present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner who is in custody in connection with F.I.R.

No.479/2019, Police Station Ambamata, District Udaipur, for the offences under Sections 457 and 380 of IPC. Heard learned counsel for the

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

It is submitted on behalf of the petitioner that the co-accused Arjun Singh has already been granted bail by this Court vide order dated 17/02/2020 and

the case of the present petitioner is not distinguishable from the case of the co-accused who has already been released on bail by this Court. The

charge sheet in the case has been filed. The offices alleged against the present petitioner are triable by Magistrate.

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

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

Consequently, the bail application is allowed. It is ordered that the accused-petitioner Fateh Singh S/o Bhanwar Singh Deora arrested in connection

with F.I.R. No.479/2019, Police Station Ambamata, District Udaipur, 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.