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2012 Supreme(Raj) 2295

RAJASTHAN HIGH COURT
Sandeep Mehta, J.
Rajesh Kumar @ Raja Ram - Appellant
Versus
State of Rajasthan - Respondent
S.B. Criminal Misc. Bail Application No. 9142 of 2012.
Decided On : 7-12-2012

Advocates:
For the Petitioner:Mr. G.R. Bhari, Advocate.
For the Respondent: Mr. K.R. Bishnoi, Public Prosecutor.

Headnote:Criminal Procedure Code, 1973 – S. 439 Indian Penal Code, 1860 – S. 452,364, 323, 325, 327,379, 147, 148 and 149 – As per the facts it has been found that the petitioner has been accused for the offence along with S – S has been granted bail by the high curt – The accused S is the main offender – The bail shall be granted to the petitioner – The petioner is allowed bail – Petitionl is permitted.

JUDGMENT

1. - The present bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with F.I.R. No. 429/2012, registered at Police Station Nohar for the offences under Sections 452, 364, 323, 325, 327, 329,147,148 and 149,1.P.C.

2. Learned counsel for the petitioner submits that in this case, the principal allegations of the prosecution are against co-accused Sultan Khan. He submits that co-accused Sultan Khan and Prem Kumar @ Kalu Ram have already been granted bail by the order of this Court dated 10.10.2012 passed in S.B. Criminal Misc. Bail Application No. 7371/2012. He thus submits that the petitioner deserves to be granted bail.

3. Per contra, learned Public Prosecutor has opposed the bail application.

4. Having heard and considered that arguments advanced by learned counsel for the parties at the bar and upon perusal of the order impugned and keeping in view the fact that similarly situated co-accused have been granted bail by this Court, this Court deems it just and proper to grant bail to the petitioner.

5. Consequently, this bail application is allowed. It is ordered that the accused-petitioner namely - Rajesh Kumar @ Raja Ram in F.I.R. No. 429/2012, registered at Police Station Nohar shall be released on bail provided he furnishes a personal bond of Rs. 40,000/- and two surety bonds of Rs. 20,000/- each to the satisfaction of the learned trial Court with the stipulation to appear before that Court on all dated of hearing and as and when called upon to do so till completion of the trial of the case.Bail application allowed.

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