High CourtsSingle Bench

Vishnu @ Potiya And Others vs State Of Rajasthan

Rajasthan High Court · Decided on 16 November 2022 · Citation: (2022) 11 RAJ CK 0072

HON’BLE JUDGES
Manoj Kumar Garg, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 439 · Indian Penal Code, 1860 — Section 395, 397
RESULT
Allowed
CASE NUMBER
S.B. Criminal Miscellaneous Bail Application No. 12775, 14020 Of 2022
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Judgment

6 paragraphs · 291 words

Manoj Kumar Garg, J

These two bail applications have been filed by the petitioners under Section 439 Cr.P.C. seeking regular bail in connection with the FIR No. 310/2022 registered at Police Station Abu Road Sadar, District Sirohi for the offences punishable under Sections 395 and 397 of IPC.

Learned counsel for the petitioners submits that similarly situated co-accused Shankar has already been enlarged on bail by this Court and the case of the present petitioner is similar to that of the co-accused. He submits that the challan has already been presented and no investigation is pending against the petitioner. The accused-petitioners are in judicial custody and the trial of the case will take sufficient long time to be concluded. Therefore, the benefit of bail should be granted to the accused-petitioners.

Learned Public Prosecutor has vehemently opposed the bail application.

Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the accused petitioners under Section 439 Cr.P.C.

Accordingly, both bail applications filed under Section 439 Cr.P.C. are allowed and it is directed that petitioners (1) Vishnu @ Potiya S/o Shri Bada Ram; and (2) Mana Ram @ Manoj S/o Shri Lasma Ram @ Laxman shall be released on bail in connection with FIR No. 310/2022 registered at Police Station Abu Road Sadar, District Sirohi provided each of them execute personal bond in a sum of Rs.1,00,000/- each with two sound and solvent sureties of Rs.50,000/- each to the satisfaction of learned trial court for their appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.