High CourtsSingle Bench

Neeraj vs State

Rajasthan High Court · Decided on 6 February 2020 · Citation: (2020) 02 RAJ CK 0188

HON’BLE JUDGES
Vinit Kumar Mathur, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 439 · Indian Penal Code, 1860 — Section 147, 149, 302
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Bail Application No. 1471, 1609 Of 2020
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Judgment

10 paragraphs · 338 words

S.B. Criminal Miscellaneous Bail Application No. 1471/2020

The present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner who is in custody in connection with F.I.R. No.137/2019, Police Station Hanumannagar, District Bhilwara, for the offences under Sections 147, 302/149 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 co-accused Laxman, Bhimraj @ Sanwra, Gaurishanker @ Goru @ Bhawani and Rishiraj have already been granted bail by this Court vide orders dated 30.01.2020 and 22.01.2020 and the case of the present petitioner is 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 petitioner 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 petitioner is identical to co-accused aforesaid who have been enlarged on bail by this Court, this Court is of the opinion that the petitioner is 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-petitioner Neeraj S/o Shri Ram Lal arrested in connection with F.I.R. No.137/2019, Police Station Hanumannagar, District Bhilwara, shall be released on bail; provided he 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.

S.B. Criminal Miscellaneous Bail Application No. 1609/2020

Learned counsel for the petitioner submits that he may be permitted to withdraw the present bail application.

Accordingly, the bail application is dismissed as withdrawn.