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Mukesh vs State Of Rajasthan on 20 August, 2018

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc. Bail No. 7802/2018

Mukesh S/o Panna Lal Jain, Aged About 32 Years, R/o Sadar
Bazar Parsad Thana Parsad, District Udaipur.
(At Present Lodged At Dist. Jail, Dungarpur)

—-Petitioner
Versus
State Of Rajasthan

—-Respondent

For Petitioner(s) : Mr. Jitendra Kumar Ojha
For Respondent(s) : Mr. K. V. Vyas, PP

HON’BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

20/08/2018

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.53/2018, Police Station Parsad, District Udaipur for

the offences under Sections 498A, 306 120-B 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 Vinod has already been granted bail by this Court vide

order dated 08.08.2018 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
(2 of 2) [CRLMB-7802/2018]

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 Mukesh S/o Panna Lal Jain arrested in

connection with F.I.R. No.53/2018, Police Station Parsad, District

Udaipur, 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/-

31

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