This bail application allowed the petitioner's release under Section 439 Cr.P.C. finding his case identical to a co-accused already granted bail, subjecting him to a bond and surety requirement.
Petitioner released on bail with a personal bond of Rs.50,000/- and two sureties of Rs.25,000/- each.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous 3rd Bail Application No. 11604/2019
Kripa Shanker @ Rajendra Prasad, Aged About 45 Years, By Caste Yadav, R/o Village Khari Post, Udaipur, District Jaunpur (UP), Presently R/o Srinath Pujari Chall, SP Road, Dharwadi, Dahisar- East, Mumbai (Maharashtra). (Lodged In District Jail Sirohi).
----Petitioner
Versus
State of Rajasthan
----Respondent
For Petitioner(s) : Mr. Bhakti Singh Mr. Jagdish Singh for Mr. Dhirendra Singh For Respondent(s) : Mr. Gaurav Singh, PP Mr. Pradeep Shah, for the complainant
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Order
22/10/2019
The present 3rd bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner who is in custody in connection with FIR No.89/2017, Police Station Sirohi Kotwali, District Sirohi for the offence punishable under Sections 341, 302/34 & 120-B IPC.
The second bail application of the petitioner was dismissed on 06.05.2019 by this Court.
Heard learned counsel for the petitioner, learned Public Prosecutor and learned counsel for the complainant. Perused the material available on record.
(2 of 2) [CRLMTB-11604/2019]
It is submitted on behalf of the petitioner that case of the present petitioner is identical to the case of the co-accused Amrit Lal who has already been granted bail by this Court vide order dated 17/09/2019 and the case of the present petitioner is not distinguishable from the case of the co-accused who has already been released on bail by this Court.
The learned Public Prosecutor as well as Shri Pradeep Shah, learned counsel for the complainant are 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 considering the fact that the case of the present petitioner is identical to coaccused aforesaid who has 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 3rd bail application is allowed. It is ordered that the accused-petitioner Kripa Shanker @ Rajendra Prasad arrested in connection with FIR No.89/2017, Police Station Sirohi Kotwali, District Sirohi, shall be released on bail; provided he furnishes a personal bond of Rs.50,000/- with two sureties of Rs.25,000/- 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.
(VINIT KUMAR MATHUR),J
17-SanjayS-SunilS/-
1 issue framed by the court
Whether the petitioner is entitled to bail given the identity of his case with a co-accused who has already been granted bail.
1 provisions across 1 enactments
Kripa Shanker @ Rajendra Prasad
State of Rajasthan
Vinit Kumar Mathur
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
