The High Court of Rajasthan at Jodhpur granted bail to the petitioner under Section 439 Cr.P.C., as the co-accused had already been released on bail in the same case, deeming the circumstances not distinguishable.
The petitioner shall be released on bail by furnishing a personal bond of Rs. 50,000 and two sureties of Rs. 25,000 each.
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[2024:RJ-JD:11965]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 2518/2024
Prakash S/o Late Shri Lal Chand, Aged About 26 Years, R/o Badi Guvad, Bikaner, Dist Bikaner, Raj. (Lodged In Central Jail Bikaner)
----Petitioner
Versus
State of Rajasthan, through PP
----Respondent
For Petitioner(s) : None present For Respondent(s) : Mr. A.R. Choudhary, PP
HON'BLE MR. JUSTICE KULDEEP MATHUR
Order
13/03/2024
None present for the petitioner.
This application for bail under Section 439 Cr.P.C. has been filed by the petitioner who has been arrested in connection with F.I.R. No.17/2024 registered at Police Station Kotgate, Dist. Bikaner, for the offences under Sections 323, 341, 308 and 325/24 of IPC.
Heard learned Public Prosecutor. Perused the material available on record.
Having considered the rival submissions, facts and circumstances of the case, this Court prima facie finds that the coaccused person namely Ritik, has already enlarged on bail by the competent criminal court vide order dated 07.02.2024. In the prima facie opinion of this Court, the case of the present petitioner is not distinguishable from that of the above named co-accused
(2 of 2) [CRLMB-2518/2024]
[2024:RJ-JD:11965]
person who has already been enlarged on bail. Thus, without expressing any opinion on merits/demerits of the case, this Court is inclined to enlarge the petitioner on bail.
Consequently, the bail application under Section 439 Cr.P.C. is allowed. It is ordered that the accused-petitioner Prakash S/o Late Shri Lal Chand arrested in connection with F.I.R. No.17/2024 registered at Police Station Kotgate, Dist. Bikaner, shall be released on bail, if not wanted in any other case, provided he furnishes a personal bond of Rs.50,000/- and two sureties of Rs.25,000/- each, to the satisfaction of learned trial court, for his appearance before that court on each & every date of hearing and whenever called upon to do so till completion of the trial.
(KULDEEP MATHUR),J
82-divya/-
1 issue framed by the court
Whether the petitioner should be granted bail under Section 439 Cr.P.C. considering the co-accused has already been released on bail in the same case.
1 provisions across 1 enactments
Prakash S/o Late Shri Lal Chand
State of Rajasthan
Kuldeep Mathur
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
