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2022 DIGILAW 1709 (RAJ)

Nikhil Kumar v. State Of Rajasthan

2022-05-23

VINIT KUMAR MATHUR

body2022
JUDGMENT Vinit Kumar Mathur, J. - The present second bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner who is in custody in connection with F.I.R. No.201/2018, Police Station Sheoganj, District Sirohi for the offence under Sections 147, 148, 364 & 302/149 of the IPC. 2. Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record. 3. Learned counsel for the petitioner submits that after the rejection of the first bail application of the petitioner on 21.01.2020, the co-accused Rohit Kumar has already been granted bail by this Court vide order dated 15.12.2021 and the case of the present petitioner is not distinguishable from the case of the co-accused Rohit Kumar who has already been released on bail by this Court. 4. The learned Public Prosecutor opposes the bail application but he is unable to distinguish the case of the present petitioner vis-a-vis the case of the co-accused person who has been enlarged on bail. 5. 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 petitioner is identical to co-accused aforesaid who has been enlarged on bail by 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. 6. Consequently, the second bail application is allowed. It is ordered that the accused-petitioner- Nikhil Kumar S/o Manoj Kumar arrested in connection with F.I.R. No.201/2018, Police Station Sheoganj, District Sirohi 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.