High CourtsSingle Bench

Prabhu Lal vs State Of Rajasthan

Rajasthan High Court · Decided on 17 October 2022 · Citation: (2022) 10 RAJ CK 0028

HON’BLE JUDGES
Vinit Kumar Mathur, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 439 · Indian Penal Code, 1860 — Section 34, 120B, 143, 201, 323, 342, 365
RESULT
Allowed
CASE NUMBER
S.B. Criminal Miscellaneous 2nd Bail Application No. 13167 Of 2022
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Judgment

7 paragraphs · 302 words

Vinit Kumar Mathur, J

The present second 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.11/2021, Police Station Kareda District Bhilwara for the offences under Sections 143, 365, 342, 323, 302, 201, 120-B, 34 of IPC.

Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.

It is submitted by learned counsel for the petitioner after rejection of the first bail application of the petitioner by this court vide order dated 03.02.2022, co-accused Pappu Lal and Lokesh Chandra have been enlarged on bail by this court vide order dated 22.09.2022. Learned counsel further submits that the case of the present petitioner is not distinguishable from the case of co-accused persons who have already been enlarged on bail by this court. Therefore, it is prayed that the petitioner may be enlarged on bail.

The learned Public Prosecutor opposes the bail in general but he is not in a position to distinguish the case of present petitioner from the case of co-accused persons who have already been enlarged on bail.

Having regard to the peculiar facts and circumstances of the case, this Court deems it just and proper to release the petitioner on bail.

Consequently, the second bail application is allowed. It is ordered that the accused-petitioner Prabhu Lal S/o Shri Madan Lal Gurjar arrested in connection with F.I.R. No.11/2021, Police Station Kareda 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.