Sunil Kumar vs State Of Rajasthan

The defect pointed out by the office is overruled.

With the consent of the parties, the bail application is taken up for hearing today itself.

The present 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.

76/2018, Police Station Bhojasar, District Jodhpur for the offences under Sections 302, 307, 323, 427/120-B, 147, 148 & 149 of I.P.C.

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

Learned counsel for the petitioner submits that the co-accused, namely, Farsaram, Kuldeep, Ashok Kumar, Manish Sekhani & Narpat Ram have

already been released on bail by this Court vide Orders dated 25.02.2020, 17.02.2020 & 07.02.2020, respectively and the case of the present petitioner

is not distinguishable from the co-accused who have been released on bail. He, therefore, prays that the present petitioner may also be released on

bail.

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 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 grant of bail under Section 439 of Cr.P.C.

Consequently, the present bail application filed under Section 439 of Cr.P.C. is allowed. It is ordered that the accused-petitioner - Sunil Kumar S/o

Reshmaram arrested in connection with F.I.R. No. 76/2018, Police Station Bhojasar, District Jodhpur 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.