Sunil And Ors vs State

The present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioners who are in custody in connection with F.I.R. No.171/2019, Police Station City Motagaon, District Banswara for the offence under Section 395 of IPC.

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

It is submitted on behalf of the petitioners that the co-accused Soniya and Smt. Sapna have already been enlarged on bail by a coordinate bench of this Court vide order dated 28.01.2020 and the case of the present petitioners is not distinguishable from the case of the co-accused who have already been released on bail by this Court. The charge sheet has already been filed in the matter.

Learned Public Prosecutor opposes the bail application but he is unable to distinguish the case of the present petitioners 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 petitioners is identical to co-accused aforesaid who have been enlarged on bail by this Court, this Court is of the opinion that the petitioners are 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-petitioners Sunil S/o Suraj Pal, Smt. Gudiya W/o Rakesh, Smt. Kashmira W/o Horilal, Smt. Madhu W/o Yogesh & Miss Anjali D/o Yogesh arrested in connection with F.I.R. No.171/2019, Police Station City Motagaon, District Banswara shall be released on bail; provided they furnish a personal bond of Rs.50,000/- (Rupees Fifty Thousand) each with two sureties of Rs.25,000/- (Rupees Twenty Five thousand) 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.