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2019 DIGILAW 500 (RAJ)

Sukhdev Dhawal @ Sukhiya v. State of Rajasthan

2019-02-12

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 F.I.R. No. 87/2018, Police Station Sadar, District Bikaner for the offences under Sections 147, 148, 149, 341 & 307 IPC and Section 27 of the Arms Act. 2. The first bail application of the petitioner was rejected on 02.08.2018. 3. Heard the arguments advanced on behalf of the petitioner and learned Public Prosecutor. Perused the material available on record. 4. It is submitted on behalf of the petitioner that after rejection of the first bail application of the petitioner, three co-accused persons namely Amarjeet Bishnoi, Poonam Singh @ Puran Singh and Salman Bhutto have already been enlarged on bail by this Court vide order dated 05.10.2018, 24.10.2018 and 05.02.2019 respectively and the case of the present petitioner is not distinguishable from the case of the co-accused aforesaid who have already been released on bail by this Court. 5. 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 aforesaid co-accused persons who have 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 persons aforesaid who have 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. Having regard to the facts and circumstances of the case and upon a consideration of the arguments advanced, this Court is of the opinion that the 2nd bail application filed by the petitioner deserves to be accepted. 8. Consequently, the 2nd bail application is allowed. It is ordered that the accused-petitioner Sukhdev Dhawal @ Sukhiya S/o Late Loonkaran, arrested in connection with F.I.R. No. 87/2018, Police Station Sadar, District Bikaner shall be released on bail; provided he furnishes a personal bond of Rs. 50,000/- with two surety bonds 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.