Mukesh vs State Of Rajasthan

The petitioner has been arrested in connection with FIR No.40/2020 of Police Station Rathanjana, Distt. Pratapgarh for the offence punishable under Section 302/34 of IPC. He has preferred this bail application under Section 439 Cr.P.C.

Counsel for the petitioner appeared through video call and submitted that similarly situated co-accused Gopal and Vinod have already been enlarged on bail and the case of the present petitioner is similar to that of the co-accused. Counsel for the petitioner further submits that the challan of the case has already been presented and no further investigation is pending against the petitioner. The accused-petitioner is in judicial custody and the trial of the case will take sufficient long time to be concluded. Therefore, the benefit of bail should be granted to the accused- petitioner.

Learned Public Prosecutor and counsel for the complainant vehemently opposed 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 bail application filed under Sec.439 Cr.P.C. is allowed and it is directed that petitioner Mukesh S/o Shri Mohan Lal shall be released on bail in connection with FIR No.40/2020 of Police Station Rathanjana, Distt. Pratapgarh provided he executes a personal bond in a sum of Rs.1,00,000/- with two sound and solvent sureties of Rs.50,000/- 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.