Nikhil Kumar vs State Of Rajasthan - 2022 Supreme(Raj) 1013

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Raj) 1013

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
Vinit Kumar Mathur, J.
Nikhil Kumar – Appellant
Versus
State Of Rajasthan – Respondent
S.B. Criminal Miscellaneous 2nd Bail Application No. 6419 of 2022
Decided On : 23-05-2022

Advocates appeared:
H. S. Rajpurohit, Advocate, Laxman Solanki, Advocate

Headnote:
Bail - Grant of Bail under Section 439 Cr.P.C. - The court granted bail to the petitioner based on the fact that the case of the present petitioner was identical to the co-accused who had already been released on bail by the court.
Fact of the Case:

The petitioner filed a second bail application under Section 439 Cr.P.C. after the rejection of the first bail application. The co-accused had already been granted bail by the court, and the petitioner argued that his case was not distinguishable from the co-accused's case.
Finding of the Court:

The court found that the case of the present petitioner was identical to the co-accused who had been released on bail, and therefore, the petitioner was entitled to the grant of bail under Section 439 Cr.P.C.
Issues: The main issue was whether the petitioner was entitled to bail, considering the grant of bail to the co-accused in a similar case.
Ratio Decidendi: The court's decision was influenced by the fact that the case of the present petitioner was not distinguishable from the case of the co-accused who had already been released on bail by the court.
Final Decision: The second bail application was allowed, and the accused-petitioner was ordered to be released on bail upon furnishing a personal bond and sureties to the satisfaction of the trial court.

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.

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