Shanti Lal vs State Of Rajasthan

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.69/2019, Police Station Akola, District Chittorgarh for the offences under Section 302/34 IPC.

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

After rejection of the first bail application of the petitioner by this court on 25.08.2020, co-accused Radheshyam has been enlarged on bail by this court vide order dated 13.09.2022. Learned counsel for the petitioner submits that the case of the present petitioner is not distinguishable from the case of co-accused Radheshyam who has been enlarged on bail. The conclusion of trial will take sufficiently long time, therefore, it is prayed that the petitioner may be enlarged on bail.

Learned Public Prosecutor has opposed the bail application but he is unable to distinguish the case of the present petitioner vis-a-vis the case of the co-accused person 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 considering the fact that the case of the present petitioner is identical to co-accused aforesaid who has been enlarged on bail, 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 second bail application is allowed. It is ordered that the accused-petitioner Shanti Lal S/o Heera Ram @ Gotu Menariya arrested in connection with F.I.R. No.69/2019, Police Station Akola, District Chittorgarh 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.