Kachru And Ors vs State, Through P.p.

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

No.25/2020, Police Station Khamera, District Banswara for the offences under Sections 148, 332, 333, 353, 307, 436, 336 and 460/149 of IPC and

Section 4 of Prevention of Damage of Public Property Act..

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 Laxman, Mahesh Chandra, Sunil, Harish, Kanhaiya Lal, Mohan, Gatu lal, Shripal, Raviji,

Dharji, Sukhlal, Lalji, Arvind have already been granted bail by this Court vide order dated 18/02/2020, 11/02/2020 respectively 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 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 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 are 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-petitioners (1) Kachru S/o Goteya, (2) Champalal S/o Manji, (3)Gotam S/o

Jeevna, (4) Kameya S/o Kaseya, (5) Arvind S/o Punjilal, (6) Goutamlal S/o Thavara, (7) Ramanlal S/o Laxman & (8) Manohar S/o Nathu arrested in

connection with F.I.R. No.25/2020, Police Station Khamera, District Banswara , 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.