In this bail application, the High Court of Rajasthan allowed the petitioner's release on bond, observing that his case circumstances were identical to a co-accused who had previously been granted bail by the same court.
Petitioner released on bail in Rs. 50,000/- with two sureties of Rs. 25,000/- each under Section 439 Cr.P.C.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 140/2020
Ramesh @ Krishan S/o Shri Hari Ram, Aged About 30 Years, B/c Jat, R/o Dhani 31 M.j.d. A, Rohi Chapawali, Police Station Sadul Sahar, Distt. Sri Ganganagar, Rajasthan. (Presently Lodged At Central Jail, Sri Ganganagar)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. S.R. Godara For Respondent(s) : Mr. Mahipal Bishnoi, PP
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Order
04/01/2020
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.209/2019, Police Station Sadul Sahaar, District Sriganganagar, for the offences under Sections 307, 325, 323, 341 and 34 IPC.
Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.
Counsel for the petitioner submits that the injury which is attributed to the co-accused Jagdish has already been granted bail by this Court vide order dated 19.12.2019 and the case of the present petitioner is not distinguishable from the case of the coaccused who has already been released on bail by this Court. Charge-sheet has already been filed.
(2 of 2)
[CRLMB-140/2020]
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 persons who have 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 bail application is allowed. It is ordered that the accused-petitioner Ramesh @ Krishan S/o Hari Ram arrested in connection with F.I.R. No.209/2019, Police Station Sadul Sahaar, District Sriganganagar , shall be released on bail; provided he furnishes a personal bond of Rs.50,000/-(Rupees: Fifty Thousand Only) with two sureties of Rs.25,000/- (Rupees: Twenty Five Thousand Only) 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
90-praveen/-
2 issues framed by the court
Whether the petitioner is entitled to be granted bail given the identical circumstances of a co-accused who has already been released on bail.
Whether a personal bond with two sureties satisfies the conditions for bail under Section 439 of the Code of Criminal Procedure.
1 provisions across 1 enactments
Ramesh @ Krishan S/o Shri Hari Ram
State Of Rajasthan
Vinit Kumar Mathur
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
