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Kanhaiya Lal vs State Of Rajasthan
2021 Latest Caselaw 9373 Raj

Citation : 2021 Latest Caselaw 9373 Raj
Judgement Date : 6 May, 2021

Rajasthan High Court - Jodhpur
Kanhaiya Lal vs State Of Rajasthan on 6 May, 2021
Bench: Vijay Bishnoi

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 4503/2021

Kanhaiya Lal S/o Shri Rameshwar, Aged About 23 Years, Bud, P.s. Gangrar, District Chittorgarh. (Presently Lodged At District Jail Chittorgarh).

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

----Respondent

For Petitioner(s) : Mr. Kaluram Bhati (through VC) For Respondent(s) : Mr. Shrawan Bishnoi, PP

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

06/05/2021

Heard learned counsel for the petitioner through VC as well

as learned Public Prosecutor and also perused the material on

record.

The petitioner has been arrested in FIR No.378/2020 of

Police Station Gangrar District Chittorgarh for the offences

punishable under Sections 323, 325, 364A, 365 IPC. He has

preferred this bail application under Section 439 Cr.P.C.

Learned counsel for the petitioner has submitted that after

rejection of first bail application of the petitioner, co-accused

persons namely Sajid @ Raju, Samir, Aftab, Vinod, Jahid and

Prakash have already been enlarged on bail and the case of the

petitioner is not distinguishable from that of co-accused.

(2 of 2) [CRLMB-4503/2021]

Learned Public Prosecutor has opposed the bail application,

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

similarly situated co-accused persons have already been enlarged

on bail and the case of the petitioner is not distinguishable from

that of co-accused.

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 Kanhaiya Lal S/o

Shri Rameshwar, shall be released on bail in connection with FIR

No.378/2020 of Police Station Gangrar 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/22-

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