Om Prakash vs State, Through Pp

The present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner/s who is/are in custody in connection with F.I.R.

No.144/2019, Police Station Anupgarh, District Sri Ganganagar for the offences under Sections 302, 201, 109, 147, 148 and 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 Atma Ram and Anil Kumar have already been granted bail by this Court vide orders

dated 06.09.2019 and 23.01.2020, respectively and the case of the present petitioner is not distinguishable from the case of the co-accused persons

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 filed under Section 439 Cr.P.C. is allowed. It is ordered that the accused-petitioner/s Om Prakash S/o Kumbha Ram

arrested in connection with F.I.R. No.144/2019, Police Station Anupgarh, District Sri Ganganagar, shall be released on bail; provided he/they 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.