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Judgment
8 paragraphs · 395 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.72/2021, Police Station Kotadi, District Bhilwara for the offence punishable under Sections 201, 202, 212, 225, 120-B, 302, 307, 120, 467, 468, 471 & 440 of the IPC and under Sections 3/25, 35, 25[6] & 28 of the Arms Act.
The first bail application of the petitioner was dismissed on 15.02.2022 by this Court.
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 after dismissal of the first bail application of the petitioner, the co-accused Sandeep @ Sethi has been enlarged on bail by the co-ordinate Bench of this Court vide order dated 06.04.2022. Learned counsel further submits that the other similarly situated co-accused persons namely Ramdin, Mahesh Kumar Nidharwal, Sunil Ram Babal, Paras, Dinesh Kumar have already been enlarged on bail by this Court vide orders dated 29.09.2021, 17.01.2022, 15.02.2022, 01.11.2022 respectively. Learned counsel for the petitioner submits that 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. He also submits that the present petitioner was not present at the place of incident. He, therefore, prays that the petitioner may be enlarged on bail.
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, 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 2nd bail application is allowed. It is ordered that the accused-petitioner- Pushpendra Singh S/o Hem Singh arrested in connection with FIR No.72/2021, Police Station Kotadi, 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.