High CourtsSingle Bench

Subhash vs State, Through P.p.

Rajasthan High Court · Decided on 2 March 2020 · Citation: (2020) 03 RAJ CK 0019

HON’BLE JUDGES
Vinit Kumar Mathur, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 439 · Indian Penal Code, 1860 — Section 147, 148, 149, 307, 332, 353, 392, 436 · Prevention Of Damage to Public Property Act, 1984 — Section 3, 4
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Bail Application No. 2506 Of 2020
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Judgment

16 paragraphs · 302 words

The present 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.21/2020, Police Station Kalinjara, District Banswara for the offences under Sections 147, 148, 149, 332, 353, 307, 436 and 392 of IPC and Sections

3, 4 of PDPP Act.

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 the co accused Lal Singh, Bharat, Mohan, Pintu, Ramji, Gomna, Punia, KaluRatu, Rupa, Prabhu, Khema,

Rajkumar, Surveer, Ganesh, Mani Lal and Chagan have already been granted bail by this Court vide order dated 26/02/2020 and the case of the

present petitioner is

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 and considering the fact that the case

of the present petitioner is identical to co accused aforesaid who have been enlarged on bail by this Court, 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 bail application is allowed. It is ordered that the accused-petitioner Subhash S/o Shankar arrested in connection with F.I.R.

No.21/2020, Police Station Kalinjara, District Banswara, 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.