Mahaveer Dan vs State And Ors

The present 2nd bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner who is in custody in connection with FIR

No.227/2019, Police Station Parbatsar, District Nagaur for the offence punishable under Sections 341, 323, 395,120-B IPC.

The first bail application of the petitioner was dismissed on 20.01.2020 by this Court.

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 after dismissal of the first bail application of the petitioner, the charge-sheet has been filed. He further

submits that the co-accused Rahul Padra has been enlarged on bail by this Court vide order dated 17.2.2020 and the case of the petitioner is not

distinguishable from the case of the co-accused who has been enlarged on bail. The conclusion of trial will take sufficiently long time, therefore, it is

prayed that the petitioner may be enlarged on bail.

Learned Public Prosecutor opposes the bail application. Having regard to the totality of the facts and circumstances of the case, without expressing

any opinion on the merits of the case, I deem it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C.

Accordingly, the 2nd bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner Mahaveer Dan S/o Narayan Dan, shall

be released on bail in connection with FIR No.227/2019, Police Station Parbatsar, District Nagaur provided he furnishes a personal bond in a sum of

Rs.50,000/-(Rupees: Fifty Thousand Only) with two sound and solvent sureties of Rs.25,000/- (Rupees: Twenty Five Thousand Only) each to the

satisfaction of learned trial court for his appearance before that court on each and every date of hearing and whenever called upon to do so till the

completion of the trial.