The High Court of Rajasthan allowed a bail application under Section 439 Cr.P.C. for the petitioner lodged in UPSC for Section 136 Electricity Act offence, ruling him eligible for release since a co-accused was previously granted bail.
Grant of bail; release from custody on 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 Bail Application No. 247/2020
Rajesh @ Raju S/o Badri Lal, Aged About 29 Years, B/c Acharya, R/o Kuraj, Police Station Kunwariya, Dist. Rajsamand. (At Present Lodged In District Jail, Rajsamand).
----Petitioner
Versus
State Of Rajasthan, Through Pp
| ----Respondent | |
|---|---|
| For Petitioner(s) | : Mr. Vikram Singh |
| For Respondent(s) | : Mr. Mahipal Bishnoi,PP |
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Order
09/01/2020
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.116/2019, Police Station Kunwariya, District Rajsamand, for the offences under Section 136 of Electricity Act.
Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.
It is submitted by learned counsel for the petitioner that charge sheet in the matter has already been filed. Co-accused Shanti Lal has already been enlarged on bail by a coordinate bench of this Court vide order dated 07/11/2019 and the case of the present petitioner is not distinguishable from the co-accused who has already been enlarged on bail.
The learned Public Prosecutor opposes the bail application but he is unable to distinguish the case of the present petitioner
(2 of 2)
[CRLMB-247/2020]
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 bail application is allowed. It is ordered that the accused-petitioner Rajesh @ Raju S/o Badri Lal arrested in connection with F.I.R. No. 116/2019, Police Station Kunwariya, District Rajsamand 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
59-SanjayS/-
1 issue framed by the court
Whether the petitioner should be granted bail given that a co-accused has already been released on bail in identical circumstances.
2 provisions across 2 enactments
Rajesh @ Raju S/o Badri Lal
State Of Rajasthan
Vinit Kumar Mathur
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
