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