Harishanker @ Harish vs State Of Rajasthan

Kuldeep Mathur, J

This application for bail under Section 439 Cr.P.C. has been filed by the petitioner who has been arrested in connection with F.I.R. No.280/2021 registered at Police Station Rajnagar, District Rajsamand, for offences under Sections 420, 406, 467, 468, 471 and 120B IPC.

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

Learned counsel for the petitioner submitted that co-accused Shanti Lal (S.B. Cr. Misc. Bail Application No.4089/2022), Vikram Singh (S.B. Cr. Misc. Bail Application No.2490/2022), Seema (S.B. Cr. Misc. Bail Application No.2933/2022), Harisingh @ Hirasingh (S.B. Cr. Misc. Bail Application No.2934/2022), Chunni Lal (S.B. Cr. Misc. Bail Application No.3331/2022), Ratan Lal (S.B. Cr. Misc. Bail Application No.3332/2022) and Laxmi (S.B. Cr. Misc. Bail Application No.3333/2022) have already been enlarged on bail by coordinate Bench of this Court. Learned counsel further submitted that other co-accused persons Sanjay and Ajay have already been enlarged on bail by the competent criminal court. Learned counsel submitted that the case of the present petitioner is not distinguishable from that of above named co-accused persons. Learned counsel submitted that the petitioner is in judicial custody since 16.08.2023 and the trial of the case is likely to consume sufficiently long time. On these grounds, he implored the Court to enlarge the petitioner on bail.

Per contra, learned Public Prosecutor has opposed the bail application. However, he was not in position to refute the fact that above named co-accused persons have already been enlarged on bail.

Having considered the rival submissions, facts and circumstances of the case so also the fact that above named co-accused persons have already been enlarged on bail, without expressing any opinion on merits/demerits of the case, this Court is inclined to enlarge the petitioner on bail.

Consequently, the bail application under Section 439 Cr.P.C. is allowed. It is ordered that the accused-petitioner Harishanker @ Harish S/o Nawalram arrested in connection with F.I.R. No.280/2021 registered at Police Station Rajnagar, District Rajsamand, shall be released on bail, if not wanted in any other case, provided he furnishes a personal bond of Rs.50,000/- and two sureties of Rs.25,000/- each, to the satisfaction of learned trial court, for his appearance before that court on each & every date of hearing and whenever called upon to do so till completion of the trial.