AI Structured Summary
Not yet generated for this judgment
No AI summary yet
Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.
Judgment
8 paragraphs · 357 wordsKuldeep 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.39/2024 of Police Station Mandar, District Sirohi for offences under Sections 454, 380, 411, 413 & 109 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 persons namely Kuldeep @ Pintu (S.B. Criminal Misc. Bail Application No.4426/2024), Shankar Ram (S.B. Criminal Misc. Bail Application No.3822/2024) and Sunil Kumar (S.B. Criminal Misc. Bail Application No.5529/2024) have already been enlarged on bail by this Court vide orders dated 25.04.2024, 03.04.2024 & 06.05.2024 respectively.
Learned counsel for the petitioner further submitted that the case of present petitioner is not distinguishable from that of co- accused persons, who have already been enlarged on bail by this Court. The petitioner is in judicial custody and the trial of the case will take sufficiently long time, therefore, the benefit of bail should be granted to the accused-petitioner.
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 persons have already been enlarged on bail.
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 persons who have already been enlarged on bail by this Court. 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 Om Prakash S/o Kishna Ram arrested in connection with F.I.R. No.39/2024 of Police Station Mandar, District Sirohi 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.