Laxman And Ors vs State

The present bail applications have been filed under Section 439 Cr.P.C. on behalf of the petitioners who are in custody in connection with F.I.R. No.137/2019, Police Station-Hanumannagar District Bhilwara, for the offences under Sections 147, 302/149 of IPC.

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

It is submitted on behalf of the petitioners that the co-accused Gaurishanker @ Goru @ Bhawani Shankar and Rishiraj have already been granted bail by this Court vide order dated 22.01.2020 and the case of the present petitioners are 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 petitioners 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 applications are allowed. It is ordered that the accused-petitioners Laxman S/o Surendra Singh & Bhimraj @ Sanwra S/o Sh. Radheshyam arrested in connection with F.I.R. No.137/2019, Police Station- Hanumannagar District Bhilwara, shall be released on bail; provided they furnish a personal bond of Rs.50,000/-(Rupees: Fifty Thousand Only) each 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.