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2020 DIGILAW 227 (RAJ)

Devilal v. State of Rajasthan

2020-01-23

VINIT KUMAR MATHUR

body2020
JUDGMENT 1. Both the above mentioned bail applications shall stand decided by this common order as they arise out of the same F.I.R. 2. The present bail applications have been filed under Section 439 of Cr.P.C. on behalf of the petitioners who are in custody in connection with F.I.R. No. 16/2020, Police Station Mandal, District Bhilwara for the offences under Sections 3, 4, 5 & 7 of the Immoral Trafficking (Prevention) Act, 1956. 3. Heard learned counsel for the petitioners and learned Public Prosecutor. Perused the material available on record. 4. Learned counsel for the petitioners submit that the similarly situated co-accused Smt. Sita Devi, Smt. Shama, Smt. Preeti, Miss Suhana, Smt. Gitali Changmai, Smt. Sarita, Miss Geeta, Miss Shivika, Smt. Sana Iqbal Shekh, Smt. Neeru, Smt. Rebika Rai and Parmeshwar have already been enlarged on bail by this Court vide Orders dated 21.01.2020 and the case of the present petitioners is not distinguishable from the case of the co-accused who have been enlarged on bail. Therefore, it is prayed that the present petitioners may also be enlarged on bail. 5. Learned Public Prosecutor opposes the bail but he is unable to distinguish the case of the present petitioners vis-a-vis the case of the co-accused 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 petitioners is identical to co-accused aforesaid who have been enlarged on bail by this Court, this Court is of the opinion that the petitioners are also entitled for grant of bail under Section 439 of Cr.P.C. 7. Consequently, both the bail applications under Section 439 of Cr.P.C. are allowed. It is ordered that the accused-petitioners (1) Devilal S/o Udailal Gurjar and (2) Smt. Muskan D/o Darbariya Kanjar arrested in connection with F.I.R. No. 16/2020, Police Station Mandal, District Bhilwara shall be released on bail provided each of them furnishes a personal bond of Rs.50,000/- (Rupees: Fifty Thousand Only) with two sureties of Rs.25,000/-(Rupees : Twenty Five Thousand Only) 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.