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Manohar Singh vs State Of Rajasthan on 9 August, 2018

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc. Bail No. 7090/2018

Manohar Singh S/o Sumer Singh, Aged About 60 Years, B/c
Rajput, R/o Village Pichawa, Tehsil Sumerpur, District Pali.
(Presently lodged in Dist Jail, Pali).

—-Petitioner
Versus
State Of Rajasthan
—-Respondent

For Petitioner(s) : Mr. Pradeep Shah
For Respondent(s) : Mr. Deepak Choudhary, PP

Mr. Vikram Singh, for the complainant

HON’BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

09/08/2018

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.37/2018, Police Station Takhatgarh, District Pali for

the offences under Sections 323, 304-B, 498A 406 of the 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 Smt. Bhanwar Kanwar has already been granted bail by

this Court vide order dated 06.07.2018 and the statement of

allegation against the present petitioner is identical as was against

the co-accused Smt. Bhanwar Kanwar. Challan has already been

filed in the matter. The counsel for the petitioner further submits

that main accused Rajendra Singh is the husband and the case of
(2 of 2) [CRLMB-7090/2018]

the present petitioner is not distinguishable from the case of the

co-accused who have 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 Manohar Singh S/o Sumer Singh

arrested in connection with F.I.R. No.37/2018, Police Station

Takhatgarh, District Pali, shall be released on bail; provided he

furnishes a personal bond of Rs.50,000/- with two sureties of

Rs.25,000/- 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.

(VINIT KUMAR MATHUR),J
Solanki Sunil/-

42

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