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2019 DIGILAW 249 (RAJ)

Abhishek @ Tony 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. 54/2018, Police Station Hamirwas, District Churu for the offence punishable under Sections 3/25 of the Arms Act. 2. The first bail application of the petitioner was dismissed on 18.07.2018 by this Court. 3. Heard learned counsel for the petitioner and learned Public Prosecutor. 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 challan has been filed in the matter and the co-accused Sandeep Kumar has already been granted bail by this Court vide order dated 26.11.2018 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 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 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 Abhishek @ Tony S/o Gajraj Singh arrested in connection with FIR No. 54/2018, Police Station Hamirwas, District Churu 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.