Mukesh Kumar vs State of Rajasthan

Mahesh Bhagwati, J.—Since the aforestated two bail applications are related and pertain to FIR No. 263/2/010 of Police Station Kherli, District Alwar registered for the offence under Sections 147, 148, 149, 341, 323, 336, 307, 302 IPC and Section 3(1)(x) and 3(2)(v) of SC/ST Act, they have been heard together and are being disposed of by this common order. Heard learned counsel for the parties and carefully perused the relevant material on record.

Learned counsel for the accused petitioners canvassed that co-accused persons namely Vijay and Hari have already been enlarged on bail by this Court vide order dated 12th September, 2011. The case of the petitioners is akin to that of the co-accused Vijay and Hari, hence on the ground of parity, they are also entitled to be released on bail. Learned counsel also canvassed that no overt act of the accused petitioners has been ascribed by any of the witnesses and the main accused persons are namely Pappu and Kundan, who are alleged to have caused injuries on the skull of Ramswaroop, who later on succumbed to injuries, are still in jail and no bail application has been filed on their behalf. The petitioners have been made an accused of the offence u/s 302 of IPC with the aid of Section 149 of Indian Penal Code. Hence the petitioners may also be granted indulgence of bail.

Learned PP appearing for the State, albeit has opposed the bail application, but has fairly conceded that the case of the petitioners is quite similar to that of the co-accused persons namely Vijay and Hari.

Having considered the submissions made at the bar and carefully perused the relevant material, on record and keeping in view the fact that the co-accused persons Vijay and Hari have already been enlarged on bail by this Court and the case of the petitioners is akin to those of the co-accused persons, on the ground of parity, I deem just and proper to grant indulgence of bail to the petitioners also and their bail applications deserve to be allowed. It is therefore, ordered that the bail applications filed on behalf of petitioners namely (1) Mukesh Kumar S/o Ramswaroop; (2) Ghudya S/o Rugga; and (3) Bablu S/o Ghudiyaram are allowed and they shall be released on bail, provided each of them furnishes a personal bond in the sum of Rs. 50.000/- (Rs. Fifty Thousand) together with two sureties each of Rs. 25,000 (Twenty-five Thousand) only to the satisfaction of the learned trial court with the stipulation that they shall appear before the learned trial court on all dates of hearing and as and when called upon to do so till the trial is concluded.