Kalla @ Kaliya vs State Of Rajasthan

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.80/2008, Police Station

Rawatbhatta, District Chittorgarh for the offences under Sections 395, 327, 452, 412 & 414 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 charge-sheet in the case has been filed. Learned counsel further submits that the co-accused Fakru, Kapil Soni,

Aaresh, Amar Singh, Rasul, Munna have already been granted bail by the co-ordinate Bench of this Court vide orders dated 26.05.2010, 26.09.2011, 27.09.2012,

15.04.2015, 06.06.2016 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 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 the co-ordinate Bench of 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 present bail application filed under Section 439 Cr.P.C. is allowed. It is ordered that the accused-petitioner Kalla @ Kaliya S/o Sumla Badiya Bhil

arrested in connection with F.I.R. No.80/2008, Police Station Rawatbhatta, District Chittorgarh, shall be released on bail; provided he furnishes a personal bond of

Rs.50,000/-(Rupees: Fifty Thousand Only) with two sound and solvent sureties of Rs.25,000/- (Rupees: Twenty Five Thousand Only) (out of which one surety of

local area) 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.