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Mahendra And Ors vs State, Through Pp

Rajasthan High Court · Decided on 23 January 2020 · Citation: (2020) 01 RAJ CK 0164

HON’BLE JUDGES
Vinit Kumar Mathur, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 439 · Indian Penal Code, 1860 — Section 147, 148, 149,302, 307, 323, 325
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Bail Application No. 1027 Of 2020
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Judgment

6 paragraphs · 337 words

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.100/2019, Police Station Suhagpura, District Pratapgarh for the offences under Sections 147, 148, 149, 323, 325, 307 and 302 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 coaccused, namely, Ganesh Lal, Shanti Lal Meena S/o Laluram Meena, Manish, ishwar lal, Dinesh @ Dilesh, Nana Lal and Shanti Lal S/o Wala Meena and other co-accused have already been granted bail by this Court vide order dated 25/11/2019 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 coaccused 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 application is allowed. It is ordered that the accused-petitioners (1) Mahendra S/o Ganeshlal Meena, (2) Rameshchandra S/o Labhchand Meena, (3). Deepchand @ Deepak S/o Kanahaiya Lal Meena & (4) Ramesh S/o Unkar Meena arrested in connection with F.I.R. No.100/2019, Police Station Suhagpura, District Pratapgarh, shall be released on bail; provided he/they 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.