Sonu @ Tonu vs State

Manoj Kumar Garg, J

The present bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with C.R. No.440/2021, Police Station Pratap Nagar, District Jodhpur, for the offences punishable under Section 302 of IPC.

Counsel for the petitioner submits that similarly situated co-accused Jitendra @ Jitu has already been enlarged on bail by this Court and the case of the present petitioner is similar to that of co-accused. Counsel further submits that star witness Surendra @ Tarun has been examined before the trial Court as PW-1 and he declared hostile. Furthermore, he stated that specific allegation for inflicting fatal injury to the deceased has been assigned to co-accused Kuldeep @ Babudi. The accused-petitioner is in judicial custody 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 vehemently opposed the bail application.

Having regard to the totality of the facts and circumstances of the case, that similarly situated co-accused Jitendra @ Jitu has already been enlarged on bail by this Court and the case of the present petitioner is similar to that of co-accused, therefore, I deem it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C.

Accordingly, the second bail application filed under Sec.439 Cr.P.C. is allowed and it is directed that petitioner Sonu S/o Late Ashok @ Kalu Ram, shall be released on bail in connection with C.R. No.440/2021, Police Station Pratap Nagar, District Jodhpur 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.