The court granted bail to the petitioner based on the similarity of the present case with that of a co-accused who had already been enlarged on bail.

Headnote:
Bail Application - Enlargement on Bail - The court granted bail to the petitioner based on the similarity of the present case with that of a co-accused who had already been enlarged on bail.
Fact of the Case:

The petitioner filed a bail application under Section 439 Cr.P.C. in connection with F.I.R. No.69/2021, for offenses under Sections 341, 323, 458, 394, 395/34 of IPC.
Finding of the Court:

The court found that the case of the present petitioner was identical to that of a co-accused who had been enlarged on bail, and therefore, the petitioner was entitled to bail under Section 439 Cr.P.C.
Issues: The issue was whether the petitioner should be granted bail considering the similarity of the present case with that of a co-accused who had already been enlarged on bail.
Ratio Decidendi: The court's decision was influenced by the fact that the case of the present petitioner was indistinguishable from that of the co-accused who had been granted bail by the court.
Final Decision: The 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 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.69/2021, Police Station Dhudwakhara District Churu for the offences under Sections 341, 323, 458, 394, 395/34 of IPC.

2. Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.

3. It is submitted by learned counsel for the petitioner that charge sheet in the case has been filed. Co-accused Saddam Husain @ Makdi has been enlarged on bail by a coordinate bench of this court vide order dated 14.12.2021 and the case of the present petitioner is not distinguishable from the case of co- accused who has already been enlarged on bail. Therefore, it is prayed that the petitioner may be enlarged on bail.

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 bail application is allowed. It is ordered that the accused-petitioner Samshad S/o Shri Mumtaj arrested in connection with F.I.R. No.69/2021, Police Station Dhudwakhara District Churu 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.

Click Here to Read the rest of this document