High CourtsSingle Bench

Sunil Singh And Ors vs State, Through Pp

Rajasthan High Court · Decided on 4 February 2020 · Citation: (2020) 02 RAJ CK 0095

HON’BLE JUDGES
Vinit Kumar Mathur, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 439 · Indian Penal Code, 1860 — Section 34, 307, 332, 353
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Bail Application No. 1553 Of 2020
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Judgment

6 paragraphs · 306 words

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.117/2019, Police Station Paroli, District Bhilwara, for the offences under Sections 332, 353 & 307/34 of IPC.

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

It is submitted on behalf of the petitioner that the coaccused Sarfaraj S/o Sayad Ali has already been granted bail by this Court vide order dated 27/01/2020 and the case of the present petitioner is not distinguishable from the case of the coaccused who have already been released on bail by this Court vide order dated 27.01.2020.

The 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 considering the fact that the case of the present petitioner is identical to coaccused aforesaid who have been enlarged on bail by this Court, this Court is of the opinion that the petitioner is 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 (1) Sunil Singh S/o Shri Parbat Singh Rajput, and (2) Santosh Kumar S/o Chiranji Lal Mali, arrested in connection with F.I.R. No.117/2019, P.S. Paroli, District Bhilwara, shall be released on bail; provided they furnish 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.