Third bail application under Section 439 Cr.P.C. allowed. Petitioner, accused of offences against person and property where co-accused already on bail, released on personal bond with sureties pending trial.
Petitioner released on bail with personal bond of Rs.2,00,000/- and two sureties of Rs.1,00,000/- each.
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[2023:RJ-JD:38392]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous 3rd Bail Application No. 7682/2023
Vikram Vishnoi S/o Sh. Surja Ram, Aged About 26 Years, R/o Kachab Nagar, Bhalu P.s. Dechu Distt. Jodhpur.(Presently Lodged In Central Jail Jodhpur).
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Aziz Khan For Respondent(s) : Mr. MS Bhati, PP assisted by Mr. CP Marwan
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
07/11/2023
The present third bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with FIR No.65/2022, Police Station Jhanwar Jodhpur, for the offences punishable under Sections 341, 395 of IPC.
The second bail application was dismissed by this Court on 18.11.2022.
Learned counsel for the petitioner submits that similarly situated all the co-accused have already been granted bail by this Court and the case of the present petitioner is not distinguishable from the co-accused. The petitioner is in judicial custody since 12.05.2022 and the trial of the case will take sufficiently long time. Therefore, the benefit of bail should be granted to the accused-petitioner.
(2 of 2)
[2023:RJ-JD:38392]
[CRLMB-7682/2023]
Learned Public Prosecutor has opposed the bail application.
I have considered the arguments advanced before me and gone through the material available on record.
Taking into account the facts and circumstances of the case, without commenting on the merits of the case, this Court deems it just and proper to release the petitioner on bail.
Accordingly, the third bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner - Vikram Vishnoi S/o Sh. Surja Ram, shall be enlarged on bail in FIR No.65/2022, Police Station Jhanwar Jodhpur, provided he furnishes a personal bond in the sum of Rs.2,00,000/- with two sureties of Rs.1,00,000/- 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.
(MANOJ KUMAR GARG),J
132-raksha/-
1 issue framed by the court
Whether bail should be granted to the petitioner equating him with similarly situated co-accused who have already been released.
1 provisions across 1 enactments
Vikram Vishnoi
State Of Rajasthan
Manoj Kumar Garg
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
