In bail application u/s 439 CrPC, Court granted bail noting co-accused enlarged without disputing merits. Directed personal bond Rs 50,000 plus two sureties for appearance till trial completion in Case no 221 of 2018 Nokha PS.
Bail granted on personal bond Rs 50,000 with two sureties of Rs 25,000 each for appearance till trial.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Misc. II Bail Application No. 9749/2021
Vikash @ Vicky S/o Sh. Vishnu, Aged About 27 Years, resident of Adampur, Presently Resident Of Kherampur Road, Bhadu, Nearby Bharat Gas Agency, Dhani Sabalpur, Adampur Police Station, Dist. Hissar (Haryana). (Lodged In Central Jail, Bikaner).
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
For Petitioner : Mr. B.Ray Bishnoi Mr. Manohar Singh Hada Mr. Taney Jain For Respondent : Mr. Mohd. Javed Gauri, P.P.
HON'BLE MR. JUSTICE VIJAY BISHNOI
Order
10/08/2021
Heard learned counsel for the petitioner as well as learned Public Prosecutor and also perused the material on record.
The petitioner has been arrested in FIR No.221/2018 of Police Station Nokha, District Bikaner for the offences punishable under Sections 302, 201, 34 of IPC. He has preferred this bail application under Section 439 Cr.P.C.
Learned counsel for the petitioner have submitted that the co-accused Pradeep Kumar @ Bindu @ Bindra has already been enlarged on bail by this Court and the case of the petitioner is not distinguishable from that of the co-accused.
Learned Public Prosecutor has opposed the bail application, however, he is not in a position to dispute the fact that the co-
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[CRLMB-9749/2021]
accused has already been enlarged on bail and the case of the petitioner is not distinguishable from that of the co-accused.
Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C.
Accordingly, this bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner Vikash @ Vicky S/o Sh. Vishnu shall be released on bail in connection with FIR No.221/2018 of Police Station Nokha, District Bikaner provided he executes a personal bond in a sum of Rs.50,000/- with two sound and solvent sureties of Rs.25,000/- each to the satisfaction of learned trial court for his appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.
(VIJAY BISHNOI),J
149-akash/-
1 issue framed by the court
Whether bail can be granted to the petitioner in an offence under Section 302 IPC given that a co-accused has already been released on bail.
1 provisions across 1 enactments
Vikash @ Vicky S/o Sh. Vishnu
State Of Rajasthan
VIJAY BISHNOI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
