High CourtsSingle Bench

Raj Kumar @ Raju Keer vs State Of Rajasthan

Rajasthan High Court · Decided on 24 February 2020 · Citation: (2020) 02 RAJ CK 0443

HON’BLE JUDGES
Vinit Kumar Mathur, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 439 · Indian Penal Code, 1860 — Section 380, 457
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Bail Application No. 2323 Of 2020
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Judgment

17 paragraphs · 341 words

The present bail application has been filed under Section 439 of Cr.P.C. on behalf of the petitioner who is in custody in connection with F.I.R. No.

46/2019, Police Station Mandal, District Bhilwara for the offences under Sections 457 & 380 of I.P.C.

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

Learned counsel for the petitioner submits that the co-accused, namely, Shankar Lal has already been enlarged on bail by the Coordinate Bench of

this Court vide Order dated 12.03.2019 and the case of the present petitioner is not distinguishable from the case of the co-accused who has been

enlarged on bail. He further submits that the charge-sheet in the matter has already been filed and the conclusion of trial will take sufficient long time.

He therefore, prays that the present petitioner may also be enlarged on bail.

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 has been enlarged on bail.

Having regard to the facts and circumstances of the case and upon a consideration of the arguments advanced and the fact that the case of the

present petitioner is identical to co-accused aforesaid who has been enlarged on bail by this Court, this Court is of the opinion that the petitioner is also

entitled for grant of bail under Section 439 of Cr.P.C.

Consequently, the present bail application filed under Section 439 of Cr.P.C. is allowed. It is ordered that the accused-petitioner â€" Raj Kumar @

Raju Keer S/o Nand Lal Keer arrested in connection with F.I.R. No. 46/2019, Police Station Mandal, 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.