The decision to grant bail was based on the similarity of the petitioner's case to that of the co-accused who had already been released on bail by the co-ordinate Bench of the Court.

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

The petitioner filed the fourth bail application under Section 439 Cr.P.C. in connection with F.I.R. No.92/2020, P.S. Sheoganj, District Sirohi, for the offences under Sections 395 & 397 of IPC.
Finding of the Court:

The Court found that the petitioner's case was identical to that of the co-accused who had been granted bail by the co-ordinate Bench of the Court, and therefore, the petitioner was entitled to bail under Section 439 Cr.P.C.
Issues: The main issue was whether the petitioner should be granted bail considering the similarity of his case to that of the co-accused who had already been released on bail.
Ratio Decidendi: The Court's decision was influenced by the fact that the petitioner's case was indistinguishable from that of the co-accused who had been enlarged on bail by the co-ordinate Bench of the Court.
Final Decision: The fourth bail application filed under Section 439 Cr.P.C. was allowed, and the accused-petitioner was ordered to be released on bail upon furnishing the specified personal bond and sureties.

JUDGMENT

Vinit Kumar Mathur, J. - The present fourth 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.92/2020, P.S. Sheoganj, District Sirohi, for the offences under Sections 395 & 397 of 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 third bail application on 3.3.2021, the co-accused Pinta Ram @ Pintu Ram and Nopa Ram have been enlarged on bail by the co-ordinate Bench of this Court on 2.2.2022 and the case of the present petitioner is not distinguishable from the case of the co-accused who have already been released on bail by the co-ordinate Bench of 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 persons who have 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 have 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 fourth bail application filed under Section 439 Cr.P.C. is allowed. It is ordered that the accused-petitioner Himmata Ram S/o Sh. Oda Ram arrested in connection with F.I.R. No.92/2020, P.S. 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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