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Rajasthan High Court · body

2017 DIGILAW 115 (RAJ)

Bachcha @ Omprakash S/o Shri Hajari Lal v. State of Rajasthan Through P. P.

2017-01-10

BANWARI LAL SHARMA

body2017
Order : 1. The present Misc bail application under section 439 Cr.P.C. is preferred by the Accused/ petitioners Bachcha @ Omprakash and Omi @ Omsingh in the matter of FIR No. 263/2014 registered at Police Station Sarmathura, District Dholpur for offences punishable under Sections 399, 402, 307, 379 IPC and Section 11 of R.D.A. Act. 2. Learned Counsel for petitioners Mr. Dushyant Jain submits that co-accused have already been released on bail and case of present petitioners is not distinguishable than that of co-accused, no one is injured in this matter, petitioner Bachcha @ Omprakash is in custody since January, 2015 and Omi @ Omsingh is in custody since 18.07.2014, therefore petitioners may be released on bail. 3. Learned Public Prosecutor Mr. Rajender Raghav opposed the bail application. 4. I have considered the submissions made at bar. 5. On consideration of submissions made on behalf of the respective parties and the material made available for my perusal, therefore without expressing any final opinion on the merit and de-merit of the case and considering the overall facts and circumstances of the case, I am inclined to grant benefit of bail to the accused-petitioners Bachcha @ Omprakash and Omi @ Omsingh. 6. Consequently, the bail application filed under Section 439 Cr.P.C. is allowed. 7. Therefore, it is ordered that the accused-petitioners Bachcha @ Omprakash and Omi @ Omsingh in FIR No. 263/2014 registered at Police Station Sarmathura, District Dholpur, shall be released on bail; provided they furnish a personal bond of Rs. 1,00,000/- each and two surety bonds of Rs.50,000/- each to the satisfaction of the learned trial court with the stipulation to appear before the Trial Court on all dates of hearing and as and when called upon to do so.