Sudhakar Rao vs State Of Rajasthan

Vinit Kumar Mathur, J

The present second 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.15/2019, Police Station Kotwali Nimbahera, District Chittorgarh for the offence under Sections 147, 148, 341, 323, 325 & 307/149 IPC.

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

Learned counsel for the petitioner submits that after the rejection of the first bail application of the petitioner on 07.03.2024, the prosecution has filed an application under Section 311 Cr.P.C., recalling six witnesses. Learned counsel submits that by virtue of the order passed by the learned trial court on 03.05.2024, recalling certain witnesses will result into the petitioner facing the trial de novo. He submits that the petitioner has already suffered incarceration for more than five and a half years and co-accused Devilal, whose case is similarly situated to the petitioner, has been enlarged on bail by the co-ordinate Bench of this Court vide order dated 23.01.2023. He, therefore, prays that the petitioner may be enlarged on bail.

The learned Public Prosecutor opposes the bail.

Having regard to the facts and circumstances of the case and upon a consideration of the arguments advanced, this Court is of the opinion that the bail application filed by the petitioner deserves to be accepted.

Consequently, the present second bail application filed under Section 439 Cr.P.C. is allowed. It is ordered that the accused-petitioner Sudhakar Rao S/o Suresh Rao arrested in connection with F.I.R. No.15/2019, Police Station Kotwali Nimbahera, District Chittorgarh 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) (out of which one surety will be of local) 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.