Sanwara vs State Of Rajasthan

Manoj Kumar Garg, J

The petitioner has been arrested in connection with FIR No.157/2019 of Police Station Dhariyawad, District Pratapgarh for the offence punishable under Sections 341, 323/34, 354/34, 325/34, 394/34, 376D, 302 of IPC. He has preferred this bail application under Section 439 Cr.P.C.

Counsel for the petitioner submits that co-accused Logar has already been released on bail by a coordinate Bench of this Court and the case of the present accused-petitioner is similar to that of the co-accused. Counsel further submits that eye-witness Raju @ Rajiya (PW-4) has been examined before the trial court and he did not identify any of the accused persons. The accused-petitioner is inside the jail since 07.08.2021 and the trial of the case will take sufficient long time to be concluded. Therefore, the benefit of bail should be granted to the accused-petitioner.

Learned Public Prosecutor has opposed the bail application. 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 bail application filed under Sec.439 Cr.P.C. is allowed and it is directed that petitioner Sanwara S/o Shri Kesuji Alias Kesariya shall be released on bail in connection with FIR No.157/2019 of Police Station Dhariyawad, District Pratapgarh provided he executes a personal bond in a sum of Rs.1,00,000/-with two sound and solvent sureties of Rs.50,000/- each 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.