Kalu Ram @ Raju vs State Of Rajasthan

The present bail application has been filed under Section 439 of Cr.P.C. on behalf of the petitioner who is in custody in connection with F.I.R. No.

104/2018, Police Station Bhupalsagar, District Chittorgarh for the offence under Section 392/34 of I.P.C.

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

Learned counsel for the petitioner submits that the co-accused, namely, Arjun has already been enlarged on bail by the Coordinate Bench of this Court

vide Order dated 13.03.2019 and the case of the present petitioner is not distinguishable from the case of the co-accused who has been enlarged on

bail. He further submits that the petitioner is facing incarceration for last more than one year. He further submits that the charge-sheet in the matter

has already been filed and the conclusion of trial will take sufficient long time. He therefore, prays that the present petitioner may also be enlarged on

bail.

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 has been enlarged on bail.

Having regard to the facts and circumstances of the case and upon a consideration of the arguments advanced and the fact that the case of the

present petitioner is identical to co-accused aforesaid who has been enlarged on bail by this Court, this Court is of the opinion that the petitioner is also

entitled for grant of bail under Section 439 of Cr.P.C.

Consequently, the present bail application filed under Section 439 of Cr.P.C. is allowed. It is ordered that the accused-petitioner â€" Kalu Ram @

Raju S/o Shanti Lal Dakot arrested in connection with F.I.R. No. 104/2018, Police Station Bhupalsagar, District Chittorgarh 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.