Research › Search › Judgment

Rajasthan High Court · body

2022 DIGILAW 1634 (RAJ)

Durgesh Rathore (harijan) v. State Of Rajasthan

2022-05-18

VIJAY BISHNOI

body2022
JUDGMENT Vijay Bishnoi, J. - Heard learned counsel for the parties and also perused the material on record. 2. The petitioner has been arrested in FIR No.299/2018 of Police Station amba Mata, District Udaipur for the offence punishable under Section 302 IPC. He has preferred this second bail application under Section 439 Cr.P.C. 3. Learned counsel for the petitioner has submitted that the Coordinate Bench of this Court vide order dated 16.12.2021 has enlarged co-accused ashish Baresha on bail. It is submitted that the allegation against co-accused ashish Baresha is to the effect that he conducted reiki when the incident happened. It is also submitted that the allegation against the petitioner is also to the effect that he along with co-accused ashish Baresha conducted reiki on the day of the incident. Learned counsel for the petitioner has submitted that since similarly situated co-accused ashish Baresha has already been enlarged on bail, the petitioner is also entitled to be enlarged on bail. 4. Learned Public Prosecutor as well as learned counsel for the complainant have vehemently opposed the bail application, however, they are not in a position to dispute the fact that similarly situated co-accused ashish Baresha has already been enlarged on bail. 5. Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C. 6. accordingly, this second bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner - Durgesh Rathore (Harijan) S/o Late Shri Prakash Chandra Harizan shall be released on bail in connection with FIR No.299/2018 of Police Station amba Mata, District Udaipur provided he executes a personal bond in a sum of Rs.50,000/- with two sound and solvent sureties of Rs.25,000/- each to the satisfaction of learned trial court for his appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.