Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Raj) 2247

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
Manoj Kumar Garg, J.
Om Prakash – Appellant
Versus
State – Respondent
S.B. Criminal Miscellaneous Bail Application No. 3199 of 2022
Decided On : 20-04-2022

Advocates appeared:
Dalip Rajvi, Advocate, Javed Gauri, Advocate, Bhanwaru Ram, Advocate

The court may grant bail to an accused petitioner based on the similarity of their case to that of a co-accused who had been granted bail previously by the Co-ordinate Bench of the Court.

Headnote:
Bail Application - Criminal Law - The court granted bail to the accused petitioner under Section 439 Cr.P.C. based on the similarity of the present petitioner's case to that of the co-accused who had been granted bail previously by the Co-ordinate Bench of the Court.
Fact of the Case:

The petitioner was arrested in connection with FIR No.259/2018 for various offences under the IPC. The petitioner filed a bail application under Section 439 Cr.P.C, citing similarities with co-accused who had been granted bail previously.
Finding of the Court:

The court, without expressing any opinion on the merits of the case, granted bail to the accused petitioner based on the similarity of the present petitioner's case to that of the co-accused who had been granted bail previously by the Co-ordinate Bench of the Court.
Issues: The main issue was whether the accused petitioner should be granted bail in connection with the FIR, considering the circumstances and the similarity of the case to that of the co-accused who had been granted bail previously.
Ratio Decidendi: The court's decision to grant bail was influenced by the similarity of the present petitioner's case to that of the co-accused who had been granted bail previously by the Co-ordinate Bench of the Court.
Final Decision: The bail application filed under Sec.439 Cr.P.C. was allowed, and the accused petitioner was directed to be released on bail upon fulfilling certain conditions.

JUDGMENT

Manoj Kumar Garg, J. - The petitioner has been arrested in connection with FIR No.259/2018 of Police Station Khajuwala, District Bikaner, for the offence punishable under Sections 364, 341, 323, 302, 201 & 120B of IPC. He has preferred this bail application under Section 439 Cr.P.C.

2. Learned counsel for the petitioner submits that the witness of last scene viz. Sampat Lal for the first time gave his statement before the Police on 21.11.2018 and he said that he saw the deceased in company of the petitioner on 31.10.2018 and the Missing Person Report has been lodged on 04.11.2018, and in that report name of Sampat Lal has not been mentioned. He further submits that in the court statement, the witnesses Bhoma Ram and Sampat Lal clearly mentioned that they knew about the missing of deceased about two or three days when they saw him in the company of the petitioner but they did not inform about the same either to the complainant or to the Police. Counsel further submits that the so far recovery is concerned, the said recovery is also doubtful. Furthermore, it is submitted that the similarly situated co-accused Ramesh Kumar and Rakesh Kumar both have been granted bail by the co-ordinate Bench of this Court. The case of present petitioner is similar to the co-accused. Petitioner is behind the bars since 24.11.2018 and the trial of the case will take sufficient long time to be concluded. Therefore, the benefit of bail should be granted to the accused-petitioner.

3. Learned Public Prosecutor and learned counsel for the complainant opposed the bail application and submit that recovery is made from the possession of the petitioner, which was identified by the witnesses. In these circumstances bail may not be granted.

4. Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, since the co-accused Ramesh Kumar and Rakesh Kumar have been granted bail by the Co-ordinate Bench of this Court and the case of the present petitioner is similar to the co-accused. I deem it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C.

5. accordingly, the bail application filed under Sec.439 Cr.P.C. is allowed and it is directed that petitioner Om Prakash S/o Pokar Ram, shall be released on bail in connection with FIR No.259/2018 of Police Station Khajuwala, District Bikaner, provided he executes a personal bond in a sum of Rs.1,00,000/- with two sound and solvent sureties of Rs.50,000/- 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.

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