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Judgment
8 paragraphs · 404 wordsVinit Kumar Mathur, J
The present 2nd bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner who is in custody in connection with FIR No.22/2016, Police Station Bichhwal, District Bikaner for the offence punishable under Sections 302, 201, 120-B of the IPC and under Section 3/25 of the Arms Act.
The first bail application of the petitioner was dismissed on 06.01.2020 by this Court.
Heard learned counsel for the parties. Perused the material available on record.
It is submitted on behalf of the petitioner that first bail application of the petitioner was dismissed by this Court as not pressed. He also submits that after rejection the first bail application, statements of three Prosecution Witnesses have been recorded before the learned trial Court. He further submits that after rejection of the first bail application on 06.01.2020, the co-accused Ajay Dara S/o. Jagdish & Ajay S/o. Ajeet Singh have already been enlarged on bail by the co-ordinate Bench of this Court vide orders dated 23.05.2023 & 29.08.2023 respectively 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 the co-ordinate Bench of this Court. He, therefore, prays that the petitioner may be enlarged on bail.
The learned Public Prosecutor & learned counsel for the complainant have opposed the bail application but they are 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 totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C.
Accordingly, the 2nd bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner Pradeep Swami S/o Sh. Maya Chand, shall be released on bail in connection with FIR No.22/2016, Police Station Bichhwal, District Bikaner provided he furnishes a personal bond in a sum of Rs.50,000/- (Rupees: Fifty Thousand Only) with two sound and solvent sureties of Rs.25,000/- (Rupees: Twenty Five Thousand Only) each (out of which one of the surety will be of local) to the satisfaction of learned trial court for his appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.