Vikram @ Vicky Bana vs State, Through P.p.

The present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner who is in custody in connection with F.I.R. No.145/2019, Police Station Baap, District Jodhpur, for the offences under Sections 147, 148, 341, 323, 307/149 IPC & Section 5/27 of the Arms Act.

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 charge-sheet has already been filed in the matter and the co-accused Sanjay S/ o Babu Ram @ Mohan Ram has already been granted bail by this Court vide order dated 04.12.2019 and the case of the present petitioner is not distinguishable from the case of the co-accused who have already been released on bail by this Court vide order dated 04.12.2019.

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-petitioner Vikram @ Vicky Bana S/o Shri Bhagwana Ram, arrested in connection with F.I.R. No.145/2019, P.S. Baap, 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.