Mithun vs State Of Rajasthan

@JUDGEMENT- JUDGEMENT

Dinesh Mehta, J

The present second bail application has been filed by the applicant under Section 439 of the Cr.P.C. seeking regular bail in connection with FIR No. 183/2022 registered at Police Station Sadar, District Sri Ganganagar for the offences under Sections 302, 342 and 34 of Indian Penal Code.

The first bail application filed by the applicant was dismissed as withdrawn vide order dated 20.11.2023 passed in S.B. Criminal Misc. Bail Application No. 7543/2023.

Learned counsel for the applicant submitted that third bail application of the co-accused Sadashiv has been allowed by the co-ordinate Bench of this court vide order dated 05.02.2024 passed in S.B. Criminal Misc. 3rd Bail Application No. 1144/2024, and the case of the present applicant is not different.

Learned Public Prosecutor was not in a position to distinguish the applicant’s case from that of co-accused Sadashiv.

Heard learned counsel for the parties and perused the record.

In case of co-accused Sadashiv, while allowing the bail application, the co-ordinate Bench has observed thus:

"Counsel for the petitioner submits that the petitioner is inside the jail since 29.04.2022 and all the material witnesses have been declared hostile and compromise has also been arrived at between the parties 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.

Learned counsel for the complainant concurs the fact of compromise arrived at between the parties, however, learned Public Prosecutor has opposed the third bail application.

Having regard to the totality of the facts and circumstances of the case and the facts that the petitioner is inside the jail since 29.04.2022 and compromise has also been arrived at between the parties, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C.

Accordingly, the third bail application filed under Sec.439 Cr.P.C. is allowed and it is directed that petitioner Sadashiv S/o Sunder Lal shall be released on bail in connection with FIR No.183/2022 of Police Station Sadar, District Sri Ganganagar 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. "

Following the reasoning given by the co-ordinate Bench of this Court in the order dated 05.02.2024 passed in Sadashiv's case (supra), the present bail application is also allowed.

The applicant Mithun S/o Shri Sada Shiv arrested in connection with the FIR No. 183/2022 registered at Police Station Sadar, District Sri Ganganagar shall be released on bail on his furnishing personal bond in the sum of Rs.50,000/- and two sureties of Rs.25,000/- each to the satisfaction of the trial Court.

Applicant shall be required to appear before that Court on all dates of hearing and as and when called upon to do so.