Himmata Ram vs State Of Rajasthan

Vinit Kumar Mathur, J

The present fourth 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.92/2020, P.S. Sheoganj, District Sirohi, for the offences under Sections 395 & 397 of IPC.

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

Learned counsel for the petitioner submits that after the rejection of the third bail application on 3.3.2021, the co-accused Pinta Ram @ Pintu Ram

and Nopa Ram have been enlarged on bail by the co-ordinate Bench of this Court on 2.2.2022 and the case of the present petitioner is not

distinguishable from the case of the co-accused who have already been released on bail by the co-ordinate Bench of this Court.

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 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 petitioner is identical to co-accused aforesaid who have 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 fourth bail application filed under Section 439 Cr.P.C. is allowed. It is ordered that the accused-petitioner Himmata Ram S/o Sh.

Oda Ram arrested in connection with F.I.R. No.92/2020, P.S. Sheoganj, District Sirohi 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.