Manohar vs State Of Rajasthan

Kuldeep Mathur, J

This application for bail under Section 439 Cr.P.C. has been filed by the petitioner who has been arrested in connection with F.I.R. No.4/2024 registered at Police Station Mandal, District Bhilwara for the offences under Sections 395 & 120B of IPC.

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

Learned counsel for the petitioner submitted that co-accused Dheeraj Singh (S.B. Criminal Miscellaneous Bail Application No.1842/2024) has already been enlarged on bail by this Court vide order dated 18.04.2024. Learned counsel for the petitioner submitted that the case of the present petitioner is not distinguishable from that of the above named co-accused person, who has already been enlarged on bail.

Lastly, learned counsel submitted that the petitioner is in judicial custody and the trial of the case will take sufficiently long time, therefore, the benefit of bail may be granted to the accused-petitioner.

Per contra, learned Public Prosecutor has opposed the bail application. However, he was not in a position to refute the fact that the above named co-accused person has already been enlarged on bail by this Court.

Having considered the rival submissions, facts and circumstances of the case, this Court prima facie finds that the case of the present petitioner is not distinguishable from that of the co-accused person namely Dheeraj Singh. Thus, without expressing any opinion on merits/demerits of the case, this Court is inclined to enlarge the petitioner on bail.

Consequently, the bail application under Section 439 Cr.P.C. is allowed. It is ordered that the accused-petitioner Manohar S/o Shri Ganpat Singh arrested in connection with F.I.R. No.4/2024 registered at Police Station Mandal, District Bhilwara, shall be released on bail, if not wanted in any other case, provided he furnishes a personal bond of Rs.50,000/- and two sureties of Rs.25,000/- each, to the satisfaction of learned trial court, for his appearance before that court on each & every date of hearing and whenever called upon to do so till completion of the trial.