High CourtsSingle Bench(2020) 03 RAJ CK 0011

Deepak @ Depu Bhil vs State, Through Pp

Rajasthan High Court · Decided on 2 March 2020

HON’BLE JUDGES
Vinit Kumar Mathur, J
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Bail Application No. 2280 Of 2020

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Judgment

14 paragraphs · 296 words

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.17/2020 Police Station Sadar Bazar, District Jodhpur for the offences under Sections 457 and 380 of IPC.

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

It is submitted on behalf of the petitioner that the co-accused Lakhan Bheel has already been granted bail by this Court vide order dated 13/02/2020

and the case of the present petitioner is not distinguishable from the case of the co-accused who has already been released on bail by this Court.

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.

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.

Consequently, the bail application is allowed. It is ordered that the accused-petitioner Deepak @ Depu Bhil @ Dipsa S/o Sh. Premji arrested in

connection with F.I.R. No.17/2020 Police Station Sadar Bazar, District Jodhpur, 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.