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IN THE HIGH COURT OF RAJASTHAN
Vinit Kumar Mathur, J.
Monika @ Mona - Appellant
Versus
State Of Rajasthan - Respondent
Criminal Miscellaneous 2nd Bail Application No. 1035 of 2021, 1038 of 2021, 1036 of 2021
Decided on : 21-01-2021
Bail - Criminal Law - The court allowed the second bail applications filed by the accused-petitioners under Section 439 Cr.P.C. in connection with F.I.R. No.152/2020, P.S. Chopasani Housing Board, District Jodhpur, for various offenses under IPC and Immoral Traffic (Prevention) Act.
Fact of the Case:
The accused-petitioners filed second bail applications after the rejection of the first bail applications and the filing of the charge-sheet. The co-accused had been enlarged on bail, and the petitioners sought bail on similar grounds due to the expected lengthy trial duration.
Finding of the Court:
The court, after considering the arguments and circumstances, concluded that the bail applications filed by the petitioners deserved to be accepted.
Issues: The main issue was whether the accused-petitioners should be granted bail in light of the rejection of their first bail applications and the filing of the charge-sheet.
Ratio Decidendi: The court's decision was influenced by the fact that the co-accused had been enlarged on bail and the expected lengthy trial duration, leading to the conclusion that the bail applications deserved to be accepted.
Final Decision: The second bail applications filed under Section 439 Cr.P.C. were allowed, and the accused-petitioners were ordered to be released on bail upon fulfilling certain conditions.
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.
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