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2019 DIGILAW 244 (RAJ)

Mohar Singh v. State of Rajasthan

2019-01-19

VINIT KUMAR MATHUR

body2019
JUDGMENT 1. The present 2nd bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner who is in custody in connection with FIR No. 194/2017, Police Station Gogamedi, District Hanumangarh for the offence punishable under Sections 302, 326, 341, 342, 323, 147, 148 & 149 of the IPC. 2. The first bail application of the petitioner was dismissed on 01.08.2018 by this Court. 3. Heard learned counsel for the petitioner, learned Public Prosecutor & learned counsel for the complainant. Perused the material available on record. 4. It is submitted on behalf of the petitioner that after dismissal of the first bail application of the petitioner, the co-accused Manohar Lal has already been granted bail by this Court vide order dated 07.01.2019 and the case of the present petitioner is not distinguishable from the case of the co-accused who has already been released on bail by this Court. 5. The learned Public Prosecutor & learned counsel for the complainant have vehemently opposed the bail application but they are unable to distinguish the case of the present petitioner vis-a-vis the case of the co-accused person who has been enlarged on bail. 6. 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 co- accused aforesaid who has been enlarged on bail by this Court, this Court is of the opinion that the petitioner is also entitled for the grant of bail under Section 439 Cr.P.C. 7. Consequently, the 2nd bail application is allowed. It is ordered that the accused-petitioner Mohar Singh S/o Sh. Ranjeet Singh arrested in connection with FIR No. 194/2017, Police Station Gogamedi, District Hanumangarh, 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.