The High Court allowed the petitioner's second bail application under Section 439 Cr.P.C. observing that his case is identical to that of a co-accused already released on bail. The court granted bail subject to furnishing a bond.
The petitioner shall be released on bail and shall furnish a personal bond of Rs.50,000 with two sureties of Rs.25,000 each.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR.
S.B. Criminal Miscellaneous 2nd Bail Application No. 3590/2019
Divakar Pareek S/o Shri Mulshankar Pareek, Aged About 23 Years, R/o Ward No 34, Barkat Colony, Hanumangarh Town Tehsil And Distt. Hanumangarh. (At Present Lodged In Distt. Jail Hanumangarh)
----Petitioner
Versus
State of Rajasthan.
----Respondent For Petitioner : Mr. Ram Kumar Bohra. For Respondent : Mr. Gaurav Singh, PP for the State.
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Order
21/08/2019
The present 2nd 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.236/2018, Police Station Hanumangarth Town district Hanumangarh for the offences punishable under Sections 148, 302, 302/149, 307, 307/149 and 323/149 IPC.
The first bail application of the petitioner was dismissed on 02.08.2018 by this Court.
Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.
It is submitted on behalf of the petitioner that after dismissal of the first bail application of the petitioner, co-accused Nitin Tyagi has been enlarged on bail by coordinate bench of this court vide
(2 of 2) [CRLMB-3590/2019]
order dated 05.08.2019 in S.B.Criminal Misc. 2nd Bail Application No.3219/2019 and the case of the present petitioner is not distinguishable from the case of co-accused person who has already enlarged on bail by this court, therefore, it is prayed that the petitioner may be enlarged on bail.
The 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 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 2nd bail application is allowed. It is ordered that the accused-petitioner Divakar Pareek S/o Shri Mulshankar Pareek arrested in connection with FIR No.236/2018, Police Station Hanumangarh Town District Hanumangarh 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
71-Anil Singh/-
1 issue framed by the court
Whether the petitioner is entitled to bail in view of the release of a co-accused on bail for similar offences.
1 provisions across 1 enactments
Divakar Pareek
State of Rajasthan
Vinit Kumar Mathur
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
