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2020 DIGILAW 462 (RAJ)

Sunil Dodwadiya v. State of Rajasthan

2020-03-03

VINIT KUMAR MATHUR

body2020
JUDGMENT Vinit Kumar Mathur, J. - The present 2 nd 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. 97/2019, Police Station Maulasar, District Nagaur for the offence punishable under Sections 302, 307 & 120-B of I.P.C. 2. The first bail application of the petitioner was dismissed on 06.01.2020 by this Court. 3. Heard learned counsels for the parties. Perused the material available on record. 4. Learned counsel for the petitioner submits that although, while granting bail in case of co-accused Rekha Ram and Rami Devi vide order dated 24.09.2019, it has been noticed that the jeep was being driven by Sunil. However, the Investigating Agency after through investigation has come to the conclusion that the subject vehicle with which the accident has taken place was being driven by Ramu Ram. There are substantial evidence to support the contention of the Investigating Agency in this case. He further submits that since the subject vehicle with which the alleged accident is stated to have taken place was driven by Ramu Ram. Therefore, the present petitioner is entitled for concession of bail as the case of the present petitioner is not distinguishable from the case of Rekha Ram who has been enlarged on bail by the coordinate Bench of this Court vide order dated 24.09.2019. 5. The learned Public Prosecutor supported by learned counsel for the complainant have vehemently opposed the bail application but they are unable to distinguish the case of the present petitioner vis-a-vis the case of the 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 the fact that the subject vehicle was being driven by Ramu Ram and the case of the present petitioner is identical to co-accused Rekha Ram aforesaid who has been enlarged on bail by the co-ordinate Bench of 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 2 nd bail application filed under Section 439 Cr.P.C. is allowed. It is ordered that the accused-petitioner Sunil Dodwadiya S/o Jagjivan Ram arrested in connection with FIR No. 97/2019, Police Station Maulasar, District Nagaur shall be released on bail; provided he furnishes a personal bond of Rs. Consequently, the 2 nd bail application filed under Section 439 Cr.P.C. is allowed. It is ordered that the accused-petitioner Sunil Dodwadiya S/o Jagjivan Ram arrested in connection with FIR No. 97/2019, Police Station Maulasar, District Nagaur 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.