Rohit vs State Of Rajasthan
2021 Latest Caselaw 9768 Raj

(1 of 2) [CRLMB-5394/2021]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 5394/2021

Rohit S/o Manohar Dindor, Aged About 19 Years, Janamedi, P.s. Banswara, District Banswara. (Presently Lodged At District Jail Banswara).

----Petitioner Versus State Of Rajasthan, Through P.p.

----Respondent

For Petitioner(s) : Mr. RS Bhati, through Cisco Webex For Respondent(s) : Mr. Mahipal Bishnoi, PP

JUSTICE DINESH MEHTA (VACATION JUDGE)

Judgment

09/06/2021

1. This application for bail has been filed by the petitioner

under Section 439 of the Cr.P.C. in connection with FIR

No.69/2021 Police Station Sadar Banswara, District Banswara for

the offences under Sections 341, 382/34 and 395 of IPC.

2. Learned counsel for the petitioner submits that the co-

accused Bharat has already been enlarged on bail by a coordinate

Bench of this Court vide order dated 17.5.2021 passed in SB Cr.

Misc. Bail Application No.6267/2021 (Bharat Vs. State of Raj.).

3. Mr. Bishnoi, learned PP opposes the bail application and

submits that there are two more cases pending against the

petitioner and thus, the benefit of bail be not granted to him.

4. Having regard to the facts and circumstances of the case and

considering the fact that the co-accused Bharat was also involved

(2 of 2) [CRLMB-5394/2021]

in the very same two cases (FIR No.328/2020 for the offences

under Section 395 and FIR No.38/2021 for the offences under

Sections 427, 336 and 395 IPC) and yet he has been enlarged on

bail vide order dated 17.5.2021, this Court is of the view that on

the principle of parity, the bail application filed by the petitioner

deserves to be accepted.

5. Consequently, the bail application filed under Section 439

Cr.P.C. is allowed. The petitioner Rohit S/o Manohar Dindor,

arrested in FIR No.69/2021 Police Station Sadar Banswara, District

Banswara shall be released on bail on his furnishing personal bond

in the sum of Rs.50,000/- and two sureties of Rs.25,000/- each to

the satisfaction of the trial Court.

6. Petitioner shall be required to appear before that Court on all

dates of hearing and as and when called upon to do so.

7. Needless to observe that the above observations made by

this Court are on the basis of material so far produced before the

Court. They are only prima-facie observation and the same shall

however, not come in the way of the trial Court to take

independent view of the matter, based on ocular and oral

evidence, while finally deciding the case.

(DINESH MEHTA), VJ.

6-CPGoyal/-

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