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Judgment
6 paragraphs · 329 wordsManoj Kumar Garg, J
The present second bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with FIR No.395/2021 Police Station Pratapnagar, District Jodhpur for the offence punishable under Sections 376(2)(N), 376-D, 384, 504, 506 IPC & Section 67-A of the Information Technology Act. The first bail application was dismissed vide order dated 10.11.2021 by which the liberty was granted to the petitioner to file afresh after filing of the challan.
Counsel for the petitioner submits that the charges have been framed against the petitioner for offences under Sections 384, 504 & 506 IPC as well as Section 67-A of IT Act. Counsel further submits that similarly situated co-accused Shrawan Kumar has already been enlarged on bail and the case of the present petitioner is similar to that of the co-accused. 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 as well as counsel for the complainant vehemently opposed the bail application.
Having regard to the totality of the facts and circumstances of the case, the similarly situated co-accused Shrawan Kumar has already been enlarged on bail and the case of present petitioner is not distinguishable from him, therefore, I deem it just and proper to grant bail to the accused petitioners 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 Sundardas @ Surendra S/o Shri Ramdas, shall be released on bail in connection with FIR No.395/2021 of Police Station Pratapnagar, 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.