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2020 DIGILAW 38 (RAJ)

Banwari Lal v. State of Rajasthan

2020-01-03

VINIT KUMAR MATHUR

body2020
JUDGMENT 1. The present bail application has 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. 99/2019, Police Station Ramdevra, District Jaisalmer for the offences under Sections 307, 392, 395, 323 & 120-B of I.P.C. 2. Learned counsel for the petitioners at the outset submits that he does not want to press the present bail application qua the petitioner No. 2 Swaroop Singh, however, seeks liberty to file fresh after filing of the charge-sheet. 3. The bail application qua petitioner No. 2 Swaroop Singh is, accordingly, dismissed as not pressed with liberty as prayed for. 4. Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record. 5. It is submitted by learned counsel for the petitioners that the case of the petitioner No. 1 Banwari Lal is on the similar footings to that of the co-accused Hari Singh, Madanram and Devi Singh, who have already been enlarged on bail by this Court vide Order dated 05.12.2019 and therefore, it is prayed that the petitioner No. 1 Banwari Lal may be enlarged on bail. 6. Learned Public Prosecutor opposes the bail application but he is unable to distinguish the case of the petitioner No. 1 Banwari Lal vis-a-vis the case of the co-accused persons who have been enlarged on bail. 7. 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 petitioner No. 1 Banwari Lal is identical to co-accused aforesaid who have been enlarged on bail by this Court, this Court is of the opinion that the petitioner No. 1-Banwari Lal is also entitled for grant of bail under Section 439 of Cr.P.C. 8. Consequently, the bail application qua petitioner No. 1 Banwari Lal is allowed. It is ordered that the accused-petitioner Banwari Lal s/o Hari Ram arrested in connection with F.I.R. No. 99/2019, Police Station Ramdevra, District Jaisalmer shall be released on bail; provided he 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.