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2019 DIGILAW 1794 (RAJ)

Magna Ram v. State of Rajasthan

2019-06-13

ABHAY CHATURVEDI

body2019
JUDGMENT : 1. The present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner who is in custody in connection with F.I.R. No. 60/2019, Police Station Sadar, District Barmer for the offences under Sections 147, 148, 332, 353, 224 & 225/149 of IPC. 2. Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record. 3. It is submitted on behalf of the petitioner that the co accused Mukanaram, Kesaram & Chutararam have been granted bail by the learned trial Court itself vide order dated 30.03.2019 and the case of the present petitioner is not distinguishable from the case of the co-accused who have been released on bail by the learned trial Court. 4. The learned Public Prosecutor opposes the bail application but he is unable to distinguish the case of the present petitioner vis-a-vis the case of the co-accused persons who have been enlarged on bail. 5. Having regard to the facts and circumstances of the case and upon a consideration of the arguments advanced and considering the fact that the case of the present petitioner is identical to coaccused aforesaid who have been enlarged on bail by the learned trial Court, this Court is of the opinion that the petitioner is also entitled for the grant of bail under Section 439 Cr.P.C. 6. Consequently, the bail application is allowed. It is ordered that the accused-petitioner Magna Ram S/o Mala Ram arrested in connection with F.I.R. No. 60/2019, Police Station Sadar, District Barmer, shall be released on bail; provided he furnishes a personal bond of Rs. 50,000/- with two sureties of Rs. 25,000/- each to the satisfaction of the learned trial court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.