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2019 DIGILAW 3105 (RAJ)

Kanu @ Kanhaiya Lal v. State of Rajasthan

2019-12-18

ABHAY CHATURVEDI

body2019
JUDGMENT Abhay Chaturvedi, J. - This bail application under Section 439 Cr.P.C. is laid by petitioner in connection with an FIR, wherein he is charged for offence punishable under Section 395 IPC. 2. Learned counsel for the petitioner submits that co-accused, Prabhu Lal @ Prakash has already been enlarged on bail vide order dated 21.11.2019 and the case of present petitioner is not distinguishable from the co-accused. He further submits that there is no evidence against the accused-petitioner so as to implicate him in this case. Therefore, the benefit of bail may be granted to the accused-petitioner. 3. Learned Public Prosecutor has opposed the bail application. 4. Having heard learned counsel for the parties and taking into account facts and circumstances of the case, without expressing any opinion on merits of the case, I deem it just and appropriate to grant indulgence to the petitioner by enlarging him on bail. 5. Accordingly, the bail application under Section 439 Cr.P.C. is allowed and it is ordered that accused-petitioner, Kanu @ Kanhaiya Lal S/o Suk Lal Kalasua, arrested in connection with F.I.R. No.191/2019, Police Station Bichhiwara, District Dungarpur, may be released on bail; provided he furnishes a personal bond of Rs.50,000/- with two sureties of like amount to the satisfaction of 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.