High CourtsSingle Bench

Sunil Kumar vs State Of Rajasthan

Rajasthan High Court · Decided on 6 May 2024 · Citation: (2024) 05 RAJ CK 0037

HON’BLE JUDGES
Kuldeep Mathur, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 439 · Indian Penal Code, 1860 — Section 109, 380, 411, 413, 454
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Bail Application No. 5529 Of 2024
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Judgment

7 paragraphs · 323 words

Kuldeep Mathur, J

This application for bail under Section 439 Cr.P.C. has been filed by the petitioner who has been arrested in connection with F.I.R. No.39/2024 registered at Police Station Mandar, District Sirohi, for offences under Sections 454, 380, 411, 413 and 109 of the IPC.

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

Learned counsel for the petitioner submitted that the co-accused Kuldeep @ Pintu (S.B. Criminal Misc. Bail Application No.4426/2024) and Shankar Ram (S.B. Criminal Misc. Bail Application No.3822/2024) have already been enlarged on bail by this Court vide orders dated 25.04.2024 and 03.04.2024 respectively. Learned counsel submitted that the case of the present petitioner is not distinguishable from that of the co-accused persons who have already been enlarged on bail. Learned counsel submitted that the petitioner is in judicial custody and the trial of the case will take sufficiently long time, therefore, the benefit of bail may be granted to the accused-petitioner.

Per contra, learned Public Prosecutor has opposed the bail application. However, he was not in position to refute the fact that above named co-accused persons namely Kuldeep @ Pintu and Shankar Ram have already been enlarged on bail.

Having considered the rival submissions, facts and circumstances of the case, without expressing any opinion on merits/demerits of the case, this Court is inclined to enlarge the petitioner on bail.

Consequently, the bail application under Section 439 Cr.P.C. is allowed. It is ordered that the accused-petitioner Sunil Kumar S/o Shri Punmaram, arrested in connection with F.I.R. No.39/2024 registered at Police Station Mandar, District Sirohi, shall be released on bail, if not wanted in any other case, provided he furnishes a personal bond of Rs.50,000/- and two sureties of Rs.25,000/- each, to the satisfaction of learned trial court, for his appearance before that court on each & every date of hearing and whenever called upon to do so till completion of the trial.