Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Raj) 1962

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
Manoj Kumar Garg, J.
Sundardas @ Surendra – Appellant
Versus
State Of Rajasthan – Respondent
S.B. Criminal Miscellaneous Bail Application No. 224 of 2022
Decided On : 03-03-2022

Advocates appeared:
Firoz Khan, Advocate, Mahipal Bishnoi, Advocate, Ummed Ali Mehar, Advocate

The main legal point established in the judgment is the consideration of the similarity of the case with a previously granted bail to a co-accused as a basis for granting bail to the accused petitioner under Section 439 Cr.P.C.

Headnote:
Bail - Criminal Law - The court granted bail to the accused petitioner under Section 439 Cr.P.C. based on the similarity of the case with a previously granted bail to a co-accused.
Fact of the Case:

The petitioner filed a second bail application under Section 439 Cr.P.C. after being arrested for various offenses. The first bail application was dismissed, and the petitioner sought bail citing the framing of charges and the bail granted to a similarly situated co-accused.
Finding of the Court:

The court, considering the totality of the facts and circumstances, granted bail to the accused petitioner based on the similarity of the case with the previously granted bail to a co-accused.
Issues: The issue revolved around the grant of bail to the accused petitioner despite vehement opposition from the Public Prosecutor and the complainant's counsel.
Ratio Decidendi: The court's decision was influenced by the similarity of the case with a previously granted bail to a co-accused, leading to the grant of bail to the accused petitioner under Section 439 Cr.P.C.
Final Decision: The second 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 present second bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with FIR No.395/2021 Police Station Pratapnagar, District Jodhpur for the offence punishable under Sections 376(2)(N), 376-D, 384, 504, 506 IPC & Section 67-a of the Information Technology act. The first bail application was dismissed vide order dated 10.11.2021 by which the liberty was granted to the petitioner to file afresh after filing of the challan.

2. Counsel for the petitioner submits that the charges have been framed against the petitioner for offences under Sections 384, 504 & 506 IPC as well as Section 67-a of IT act. Counsel further submits that similarly situated co-accused Shrawan Kumar has already been enlarged on bail and the case of the present petitioner is similar to that of the co-accused. The accused-petitioner is in judicial custody 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 as well as counsel for the complainant vehemently opposed the bail application.

4. Having regard to the totality of the facts and circumstances of the case, the similarly situated co-accused Shrawan Kumar has already been enlarged on bail and the case of present petitioner is not distinguishable from him, therefore, I deem it just and proper to grant bail to the accused petitioners under Section 439 Cr.P.C.

5. accordingly, the second bail application filed under Sec.439 Cr.P.C. is allowed and it is directed that petitioner Sundardas @ Surendra S/o Shri Ramdas, shall be released on bail in connection with FIR No.395/2021 of Police Station Pratapnagar, District Jodhpur 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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