Sunil vs State Of Rajasthan And Others

Vinit Kumar Mathur, J

The present second bail application has been filed under Section 439 of Cr.P.C. on behalf of the petitioner who is in custody in connection with F.I.R. No.44/2021, Police Station Sadar, District Dungarpur for the offence under Section 394/34 of IPC.

Heard learned counsel for the parties. Perused the material available on record.

Learned counsel for the petitioner submits that after the rejection of the first bail application of the petitioner by this Court on 22.04.2021, the charge-sheet in the case has been filed. He further submits that the co-accused Rajpal has been enlarged on bail by the co-ordinate Bench of this Court vide order dated 03.08.2021 and the case of the present petitioner is not distinguishable from the case of the co-accused who has been granted bail. He, therefore, prays that the petitioner may be enlarged on bail.

Learned Public Prosecutor opposes the bail application but he is unable to distinguish the case of the present petitioner from that of the co-accused.

Having regard to the peculiar facts and circumstances of the case as also considering the fact that the case of the present petitioner is identical to the case of the co-accused who has been enlarged on bail, this Court deems it just and proper to release the petitioner on bail.

Consequently, the present second bail application filed under Section 439 of Cr.P.C. is allowed. It is ordered that the accused-petitioner - Sunil S/o Prem Ji arrested in connection with F.I.R. No.44/2021, Police Station Sadar, District Dungarpur 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.