The High Court of Rajasthan allowed second bail applications filed by two accused persons. The order was passed equating the petitioners' case status with that of co-accused who had recently been granted bail, leading to their release on bond.
Release on bail conditioned upon personal bond of Rs.50,000/- and two sureties of Rs.25,000/- each.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Misc. Bail No. 10850/2018
Deva S/o Nahreng Damor, Aged About 60 Years, B/c Adiwasi, R/o Shambhupura, Kalinjara Police Station, Dist. Banswara. (Lodged In Dist. Jail, Banswara)
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
Connected With
S.B. Criminal Misc. Bail No. 10849/2018
Gattu S/o Sama Damor, Aged About 45 Years, B/c Bheel, R/o Shambhupura, Kalinjara Police Station, Dist. Banswara. (Lodged In Dist. Jail, Banswara)
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
For Petitioner(s) : Mr. Mridul Jain. For Respondent(s) : Mr. A.S. Rathore, Public Prosecutor.
HON'BLE MR. JUSTICE P.K. LOHRA
Order
01/11/2018
Accused-petitioners have laid these second bail applications under Section 439 Cr.P.C. arising out of same FIR bearing registration No.107/2017, registered at Police Station Kalinjara, District Banswara, for offence under Sections 147, 149, 341, 323, 342, 354B, 355, 357 & 120B IPC.
On behalf of petitioners, first bail application was rejected on 16.08.2017.
(2 of 2)
[CRLMB-10850/2018]
Pressing this second bail application, it is submitted by learned counsel that after rejection of first bail application of petitioners, co-accused, viz., Gang Ji S/o Kalu Ninama and Narain S/o Punja Katiza, have been granted bail by this Court on 25.10.2018 while deciding S.B. Criminal Misc. Bail Nos.10291/2018 & 10293/2018. It is also argued by learned counsel that the case of petitioners is at par with the case of coaccused, therefore, petitioners may also be granted indulgence.
Per contra, learned Public Prosecutor has opposed these second bail applications of petitioners.
I have bestowed my consideration to the arguments advanced at Bar.
Having regard to the facts and circumstances of the case, without expressing any opinion on merits of the case, I feel persuaded to accept the second bail applications.
Accordingly, these second bail applications under Section 439 Cr.P.C. are allowed and it is ordered that accused-petitioners, (1) Deva S/o Nahreng Damor, and (2) Gattu S/o Sama Damor, arrested in connection with F.I.R. No.107/2017 of Police Station Kalinjara, District Banswara, may be released on bail; provided each one of them furnishes a personal bond of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of 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.
Twinkle Singh/218-219
1 issue framed by the court
Whether second bail applications of accused petitioners should be allowed given that co-accused were granted bail subsequently.
1 provisions across 1 enactments
Deva S/o Nahreng Damor
Gattu S/o Sama Damor
State Of Rajasthan
P.K. Lohra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
