Vinod Khatik vs State of Rajasthan

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.

208/2019, Police Station Industrial Area, District Pali for the offences under Sections 341, 323, 327, 329/34, 336 and 379 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 Om Prakash has already been enlarged on bail by the Coordinate Bench of this Court

vide Order dated 23.10.2019 and the case of the present petitioner is not distinguishable from the case of the co-accused who has been enlarged on

bail. He further submits that the charge-sheet in the matter has already been filed and the conclusion of trial will take sufficient long time. The

petitioner is facing incarceration for last four months. 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 vis-a-vis the case of the co-

accused person who has 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 has been enlarged on bail by the Coordinate Bench of 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 - Vinod Khatik S/o

Bheema Ram arrested in connection with F.I.R. No. 208/2019, Police Station Industrial Area, District Pali 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.