Damodar Byawat Kanhaiya Lal Kana ... vs State
2021 Latest Caselaw 10943 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 5697/2021

Damodar Byawat @ Kanhaiya Lal @ Kana Dholi S/o Bhagwan Lal Dholi, Aged About 45 Years, B/c Nagarchi, R/o Mochiwada, Bhindar, Police Station Bhindar, District Udaipur. At Present House No. 119-A, Housing Board Sector No. 4, Gandhinagar, Chittorgarh, Police Station Kotwali, District Chittorgarh (Draj.) (At Present Lodged In District Jail Chittorgarh)

----Petitioner Versus State, Through Pp

----Respondent

For Petitioner(s) : Mr. Deepak Menaria Mr. Praveen Bhati For Respondent(s) : Mr. SS Rajpurohit, PP

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

15/07/2021

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.137/2020 of

Police Station Kotwali District Chittorgarh for the offences

punishable under Sections 302/34 IPC. He has preferred this bail

application under Section 439 Cr.P.C.

Learned counsel for the petitioner has submitted that co-

accused person Ratan Lal has already been enlarged on bail and

the case of the petitioner is not distinguishable from that of co-

accused.

(2 of 2) [CRLMB-5697/2021]

Learned Public Prosecutor has opposed the bail application,

however, he is not in a position to dispute the fact that the co-

accused person has already been enlarged on bail and the case of

the petitioner is not distinguishable from that of co-accused.

Learned Public Prosecutor has opposed the bail application.

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 Damodar

Byawat @ Kanhaiya Lal @ Kana Dholi S/o Bhagwan Lal Dholi shall

be released on bail in connection with FIR No.137/2020 of Police

Station Kotwali District Chittorgarh 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

Surabhii/130-

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