Kakoo Khan And Ors vs State

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.49/24 dated 23.01.2020, Police Station Regional Forest officer, Loonkaransar District Bikaner for the offences under Sections 9/51 of the Wild

Life (Protection) Act, 1972.

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 Roshan Khan & Lalu Khan have 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 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 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 bail application is allowed. It is ordered that the accused-petitioners (1) Kakoo Khan S/o Jeevan Kha & (2) Malku Khan S/o Kamal

Khan arrested in connection with F.I.R. No.49/24 dated 23.01.2020, Police Station Regional Forest officer, Loonkaransar District Bikaner, 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.