Allowed

Anil v. State

Rajasthan HC25 Nov 2019CRLMB/14349/2019

Case brief

AI extract

What is this about?

This is a bail application filed under Section 439 Cr.P.C. by the petitioner in custody facing charges under Sections 397, 394, 302 IPC, and the Arms Act. The High Court allowed bail equating the petitioner's case with that of co-accused already granted bail, ordering release on bond and sureties.

What did the court decide?

Petitioner released on bail with a personal bond of Rs.50,000 and two sureties of Rs.25,000 each to appear before the trial court.

Anil Vs State — Cheque Dishonour | Rajasthan HC (2019)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Miscellaneous Bail Application No. 14349/2019

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Anil S/o Kesraram, Aged About 32 Years, B/c Vishnoi, R/o Dholiya, Tehsil Pokaran, Police Thana Lathi, Dist. Jaisalmer. (Presently Lodged At Dist. Jail, Jaisalmer)

----Petitioner

Versus

State, Through Pp

		----Respondent
For Petitioner(s)	:	Mr. P.R. Bishnoi Mr. Surendra Bishnoi
For Respondent(s)	:	Mr. Farzand Ali, Government Advocate-cum-AAG Mr. Laxman Solanki, PP

¶8

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

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Order

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25/11/2019

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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.138/2019 Police Station Ramgarh, District – Jaisalmer for the offences under Sections 397, 394, 302/34 & 120-B IPC & 3, 25, 5/27 Arms Act and Section 3(2) (V) SC/ST Act.

¶12

Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.

¶13

It is submitted on behalf of the petitioner that the coaccused Ashok Kumar and Surendra Kumar have already been enlarged on bail by this Court vide order dated 18.11.2019 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.

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(2 of 2)

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[CRLMB-14349/2019]

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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.

¶17

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.

¶18

Consequently, the bail application is allowed. It is ordered that the accused-petitioner - Anil S/o Kesraram arrested in connection with F.I.R. No.138/2019 Police Station Ramgarh, District – Jaisalmer 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.

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( VINIT KUMAR MATHUR),J

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132-Ravi Kh/-

Anil v. State

Case brief

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Anil v. State

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