Rajasthan High Court - Jodhpur
Kamal @ Kamlesh vs State Of Rajasthan on 27 August, 2018
Author: Vinit Kumar Mathur
Bench: Vinit Kumar Mathur
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc. Bail Petition No. 8043/2018
Kamal @ Kamlesh S/o Suda Kanjar, Aged About 19 Years, R/o.
Rayata At Present Mandavari P.s. Begun Distt. Chittorgarh.
(Presently Lodged At Distt. Jail Chittorgarh)
----Petitioner
Versus
State Of Rajasthan
----Respondent
For Petitioner(s) : Mr. Umesh Shrimali
For Respondent(s) : Mr. Arjun Singh Rathore, PP
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Order 27/08/2018 The office is pointed out the defect that the name of the Police Station written in impugned order is not tallying with the FIR. In the impugned order the name of Police Station is shown as Parsoli whereas the correct name of the Police Station is Begun.
The learned counsel for the petitioner submits that the name of the Police Station in the impugned order is incorrectly shown as copy of the FIR placed on record reflects the name of the Police Station as "Begun".
In view of the fact that the petitioner in the bail application has correctly shown the name of the Police Station as Begun, the office objection is overruled.
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.49/2018, Police Station Begun, District Chittorgarh, for the offences under Sections 147, 148, 149, 332, 353 & 307 IPC.
(2 of 2) [CRLMB-8043/2018] 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 Suresh has already been granted bail by this Court vide order dated 11.05.2018 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 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 Kamal @ Kamlesh S/o Suda Kanjar arrested in connection with F.I.R. No.49/2018, Police Station Begun, District Chittorgarh,, 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/-
S-114 Powered by TCPDF (www.tcpdf.org)