Single bench order allowing third bail application equating petitioner's circumstances with a co-accused already granted bail.
Release on bail with 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. 9479/2021
Vishnu Vishnoi S/o Sh. Sangram Ram, Aged About 30 Years, R/o. Surtanagar, Khudala, P.s. Jhanwer, Dist. Jodhpur. (Presently Lodged At Central Jail, Jodhpur)
----Petitioner
Versus
State Of Rajasthan,
| For Petitioner(s) | : | Mr. D. L. Rawla | ----Respondent |
|---|---|---|---|
| For Respondent(s) | : | Mr. S. K. Bhati,PP |
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Order
06/10/2021
Defect pointed out by the office is overruled.
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 F.I.R. No.106/2017, Police Station Pratapnagar, District Jodhpur for the offence punishable under Sections 147, 148, 307/149, 384/149 & 120-B of the I.P.C. and under Section 3/25 of the Arms Act.
Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.
Learned counsel for the petitioner submits that after rejection of the second bail application of the petitioner by this Court on 24.08.2020, the co-accused Jagdeep @ Jagga has been enlarged on bail by this Court vide order dated 13.09.2021 and
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[CRLMB-9479/2021]
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 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 3rd bail application filed under Section 439 Cr.P.C. is allowed. It is ordered that the accused-petitioner- Vishnu Vishnoi S/o Sh. Sangram Ram arrested in connection with F.I.R. No.106/2017, Police Station Pratapnagar, District Jodhpur 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
300-SunilS/-
1 issue framed by the court
Whether bail should be granted to the petitioner when a co-accused in the same case was already enlarged upon bail.
1 provisions across 1 enactments
Vishnu Vishnoi
State Of Rajasthan
Vinit Kumar Mathur
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
