This court allowed bail to the petitioner, a person accused of offences under Sections 302, 364 and 120-B of IPC. The grant was based on the fact that co-accused in the same FIR had previously been enlarged on bail by coordinate benches of this court.
Petitioner released on bail with a personal bond of Rs.50,000 and two sureties of Rs.25,000 each.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
[2024:RJ-JD:21116]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 4369/2024
Sonu S/o Chiman, Aged About 33 Years, R/o Mal Tibba, P.s. Sadar, Narnoul, Haryana. (At Present Lodged In Sub Jail, Ratangarh).
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. R.S. Choudhary For Respondent(s) : Mr. Laxman Solanki, PP
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Order
10/05/2024
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.390/2012, Police Station Ratangarh, District Churu, for the offences under Sections 302,364 and 120-B of IPC.
Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.
It is submitted on behalf of the petitioner that the coaccused Anil @ Pandiya, Rajendra @ Kaniya & Mukesh Yadav have already been granted bail by the Coordinate Benches of this Court. He further submits that the case of the present petitioner is not distinguishable from the case of the co-accused Mukesh Yadav who has already been released on bail by this Court vide order dated 16.01.2024.
(2 of 2)
[2024:RJ-JD:21116]
[CRLMB-4369/2024]
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 Mukesh Yadav persons 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 filed under Section 439 Cr.P.C. is allowed. It is ordered that the accused-petitioner Sonu S/o Chiman arrested in connection with F.I.R. No.390/2012, Police Station Ratangarh, District Churu, 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
50-SanjayS/-
1 issue framed by the court
Whether the petitioner is entitled to bail given that co-accused in identical case facts have already been granted bail.
1 provisions across 1 enactments
Sonu S/o Chiman
State Of Rajasthan
Vinit Kumar Mathur
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
