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2021 DIGILAW 165 (RAJ)

Monika @ Mona v. State Of Rajasthan

2021-01-21

VINIT KUMAR MATHUR

body2021
JUDGMENT Vinit Kumar Mathur, J. - The present second bail applications have been filed under Section 439 Cr.P.C. on behalf of the petitioners who are in custody in connection with F.I.R. No.152/2020, P.S. Chopasani Housing Board, District Jodhpur, for the offences under Sections 386/34, 323/149, 341/34, 342/149, 386/149 IPC and Section 04 of Immoral Traffic (Prevention) Act. 2. Heard learned counsel for the petitioners and learned Public Prosecutor. Perused the material available on record. 3. After the rejection of the first bail applications on 2.11.2020 & 4.9.2020, the charge-sheet has been filed. He submits that co-accused Pooja and Harji Ram have been enlarged on bail by this Court vide order dated 14.01.2021 and the case of the present petitioners is not distinguishable from that of the co-accused who have been enlarged on bail. The conclusion of trial will take sufficiently long time, therefore, it is prayed that the petitioners may be enlarged on bail. 4. Learned Public Prosecutor opposes the bail application, however, he is unable to distinguish the case of the present petitioners from that of the co-accused who have been enlargedon bail. 5. 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 bail applications filed by the petitioners deserve to be accepted. 6. Consequently, the second bail applications filed under Section 439 Cr.P.C. are allowed. It is ordered that the accused-petitioner (1)Monika @ Mona D/o Sh. Ashok Kumar (2) Karna Ram S/o Sh. Mana Ram (3) Amin Khan S/o Sh. Deenu Khan arrested in connection with F.I.R. No.152/2020, P.S. Chopasani Housing Board, District Jodhpur shall be released on bail; provided they furnish a personal bond of Rs.50,000/- (Rupees: Fifty Thousand Only) each 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.